Gongaware et al v. Ferrellgas, Inc. et al

Filing 124

ORDER approving 121 Dismissal of Plaintiff James R. Gongaware's Claims Against Defendant Ferrellgas With Prejudice, 123 Stipulation For Dismissal With Prejudice of All Claims Against PW Eagle, Inc., J-M Manufacturing Company, Inc., Uponor, Inc., and Uponor North American, Inc. Plaintiffs SHALL IDENTIFY the parties and claims remaining in this action, if any, on or before 12/14/2012. By Judge Robert E. Blackburn on 12/4/12. (kfinn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 11-cv-03257-REB-BNB
JAMES R. GONGAWARE, and
LIBERTY MUTUAL FIRE INSURANCE COMPANY, a Wisconsin corporation,
Plaintiffs,
v.
FERRELLGAS, INC., a Delaware corporation,
PW EAGLE, INC., a Minnesota corporation d/b/a JIM EAGLE, J-M MANUFACTURING
COMPANY, INC., a Delaware corporation d/b/a JIM EAGLE, UPONOR, INC.,and
UPONOR NORTH AMERICA, INC., both d/b/a UPONOR ALDYL COMPANY, INC.,
Defendants.

ORDER
Blackburn, J.
The matters before me for consideration are (1) the Dismissal of Plaintiff
James R. Gongaware’s Claims Against Defendant Ferrellgas With Prejudice
[#121]1 filed November 30, 2012, which I construe as a stipulation to dismiss plaintiff
Gongaware’s claims against defendant, Ferrellgas, Inc.; and (2) the Stipulation For
Dismissal With Prejudice of All Claims Against PW Eagle, Inc., J-M Manufacturing
Company, Inc., Uponor, Inc., and Uponor North American, Inc. [#123] filed
November 30, 2012. After reviewing the stipulations and the extant record, I conclude
that the stipulations should be approved and that the claims by this plaintiff against
these defendants should be dismissed with prejudice with all parties to bear their own

1

“[#121]” 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.

attorney fees and costs.
THEREFORE, IT IS ORDERED as follows:
1. That the Dismissal of Plaintiff James R. Gongaware’s Claims Against
Defendant Ferrellgas With Prejudice [#121] filed November 30, 2012, is APPROVED;
2. That the Stipulation For Dismissal With Prejudice of All Claims Against
PW Eagle, Inc., J-M Manufacturing Company, Inc., Uponor, Inc., and Uponor North
American, Inc. [#123] filed November 30, 2012, is APPROVED;
3. That the claims of plaintiff James R. Gongaware against defendants,
Ferrellgas, Inc., a Delaware corporation; PW Eagle, Inc., a Minnesota corporation d/b/a
JM Eagle; J-M Manufacturing Company, Inc., a Delaware corporation d/b/a JM Eagle,
Uponor, Inc., and Uponor North American, Inc., both d/b/a Uponor Aldyl Company, Inc.,
are DISMISSED WITH PREJUDICE with all parties to bear their own attorney fees and
costs; and
4. That by December 14, 2012, plaintiffs SHALL IDENTIFY the parties and
claims remaining in this action, if any.
Dated December 4, 2012, at Denver, Colorado.
BY THE COURT:

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