Yonehiro v. Kiku Corporation et al

Filing 26

AMENDED ORDER OF DISMISSAL REGARDING PLAINTIFF'S SECOND CLAIM FOR RELIEF AGAINST DEFENDANT, MAS TORITO, ONLY. the Order of Dismissal as To Defendant, Mas Torito, Only 25 entered 1/10/2012, is VACATED. Plaintiffs second claim for relief alleg ing violations of §24-34-402.5 Colorados Outside Lawful Activity Statute, as pled in the Amended Complaint, is DISMISSED WITH PREJUDICE as to defendant, Mas Torito, with each of the affected parties to pay its own attorney fees and costs. Defendant, Mas Torito, is JOINED and REINSTATED as a defendant in this matter, and the case caption is amended accordingly. By Judge Robert E. Blackburn on 2/13/2012. (sah, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 11-cv-022848-REB-KLM
GRANT YONEHIRO,
Plaintiff,
v.
KIKU CORPORATION d/b/a KOKORO, and
MAS TORITO, in all capacities,
Defendants.
AMENDED
ORDER OF DISMISSAL REGARDING
PLAINTIFF’S SECOND CLAIM FOR RELIEF AGAINST
DEFENDANT, MAS TORITO, ONLY
Blackburn, J.
The matter is before me sua sponte. On February 10, 2012, the court entered its
Order of Dismissal as To Defendant, Mas Torito, Only [#25]1. However, on review,
the Stipulation of Partial Dismissal of Defendant Mas Torito With Prejudice [#24]
filed February 10, 2012, sought only dismissal of plaintiff’s second claim of relief against
defendant, Mas Torito. Thus, only plaintiff’s second claim for relief alleging violations of
§24-34-402.5 – Colorado’s Outside Lawful Activity Statute, as pled in the Amended
Complaint against defendant, Mas Torito, should be dismissed with prejudice. Thus, the
order dismissing defendant, Mas Torito should be vacated. I enter this amended order
to grant the limited relief requested in the stipulation.

1

“[#25]” is an example of the convention I use to identify the docket number assigned to a specific
paper by the court’s electronic case filing and management system (CM/ECF). I use this convention
throughout this order.

THEREFORE, IT IS ORDERED as follows:
1. That the Order of Dismissal as To Defendant, Mas Torito, Only [#25]
entered February 10, 2012, is VACATED;
2. That plaintiff’s second claim for relief alleging violations of §24-34-402.5 –
Colorado’s Outside Lawful Activity Statute, as pled in the Amended Complaint, is
DISMISSED WITH PREJUDICE as to defendant, Mas Torito, with each of the affected
parties to pay its own attorney fees and costs; and
3. That defendant, Mas Torito, is JOINED and REINSTATED as a defendant in
this matter, and the case caption is amended accordingly.
Dated February 13, 2012, at Denver, Colorado.
BY THE COURT:

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