Robert W. Thomas and Anne McDonald Thomas Revocable Trust, The v. Inland Pacific Colorado, LLC et al

Filing 108

ORDER. ORDERED that the Stipulation 107 is APPROVED, and First Western Trust Bank is DISMISSED WITH PREJUDICE. ORDERED that First Western Trust Banks Motion for Summary Judgment 104 is DENIED AS MOOT by Judge Wiley Y. Daniel on 01/22/13.(jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Wiley Y. Daniel
Civil Action No. 11-cv-03333-WYD-KLM
THE ROBERT W. THOMAS AND ANNE MCDONALD THOMAS REVOCABLE
TRUST, Trust Domiciled in the State of Washington,
Plaintiff,
v.
INLAND PACIFIC COLORADO, LLC, a Nevada limited liability company;
FIRST WESTERN TRUST BANK, a Colorado company, and
WESTMINSTER PROMENADE DEVELOPMENT COMPANY II, LLC, a
Nevada limited liability company,
Defendants.

ORDER

THIS MATTER is before the Court on the Stipulation and Proposed Order
Regarding Lien Priority and Voluntary Dismissal of First Western Trust Bank (“FWTB”)
filed on January 22, 2013, by counsel for the Robert W. Thomas and Anne McDonald
Thomas Revocable Trust (the “Trust) and FWTB. The Trust and FWTB state in the
Stipulation that they wish to resolve all disputes, claims, and controversies between
them in this matter. After a careful review of the Stipulation and the file, I conclude that
the Stipulation should be approved in its entirety.
I note that the Trust and FWTB stipulate therein pursuant to Fed. R. Civ. P.
41(a)(1)(A)(ii) to the dismissal with prejudice of FWTB from this lawsuit and stipulate
that the FWTB Deed of Trust is prior and superior in lien and right to the Plaintiff Deed
of Trust.

Also in the Stipulation, without modification or waiver of any of their respective
rights vis a vis Defendants Inland Pacific Colorado, LLC (“IPC”), Westminster
Promenade Development Company II, LLC (“WPDC”), or Timothy O’Byrne, the Trust
and FWTB release each other from any claims relating to this lawsuit, including without
limitation any claims for costs or fees incurred in litigating this matter. The Stipulation
does not affect any of the Trust’s claims, rights or defenses against Defendants IPC,
WPDC, or Timothy O’Byrne, all of which parties remain Defendants in this case as pled
in the Amended Complaint.
In conclusion, it is
ORDERED that the Stipulation filed on January 22, 2013 (ECF No. 107) is
APPROVED, and First Western Trust Bank is DISMISSED WITH PREJUDICE. It is
FURTHER ORDERED that First Western Trust Bank’s Motion for Summary
Judgment (ECF No. 104) is DENIED AS MOOT.
Dated: January 22, 2013
BY THE COURT:

s/ Wiley Y. Daniel
Wiley Y. Daniel
Senior United States District Judge

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