Country Mutual Insurance Company v. Rocky Mountain Construction Company, LLC et al

Filing 120

ORDER of Dismissal as to Third-Party Defendant, Brandon Avery only. The Stipulation For Dismissal of Third Party Defendant Brandon Avery Without Prejudice [# 119 ] is APPROVED. tThe claims of the defendants/counter-claimants/third-party plaintiffs a gainst third-party defendant, Brandon Avery, are DISMISSED WITHOUT PREJUDICE with each of the affected parties to pay its own attorney fees and costs. Third-party defendant, Brandon Avery, is DROPPED as a named party to this action, and the case caption is amended accordingly. By Judge Robert E. Blackburn on 8/2/2013. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 12-cv-00453-REB-KMT
COUNTRY MUTUAL INSURANCE COMPANY, an Illinois corporation,
Plaintiff,
v.
ROCKY MOUNTAIN CONSTRUCTION COMPANY, LLC, a Colorado limited liability
company,
ANTHONY K. FLORES,
FORTINO FLORES,
DAVID STILES, and
BRENDA STILES, citizens of the State of Colorado,
Defendants/Counter-Claimants/Third-Party Plaintiffs,
v.
JOSHUA HARTMAN, and
BRANDON AVERY,
Third-Party Defendants.
ORDER OF DISMISSAL AS TO
THIRD-PARTY DEFENDANT, BRANDON AVERY, ONLY
Blackburn, J.
The matter is before me on the Stipulation For Dismissal of Third Party
Defendant Brandon Avery Without Prejudice [#119]1 filed August 2, 2013. After
reviewing the stipulation and the record, I conclude that the stipulation should be
approved and that the claims of the defendants/counter-claimants/third-party plaintiffs
against third-party defendant, Brandon Avery, should be dismissed without prejudice.

1

“[#119]” 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 Stipulation For Dismissal of Third Party Defendant Brandon
Avery Without Prejudice [#119] filed August 2, 2013, is APPROVED;
2. That the claims of the defendants/counter-claimants/third-party plaintiffs
against third-party defendant, Brandon Avery, are DISMISSED WITHOUT PREJUDICE
with each of the affected parties to pay its own attorney fees and costs; and
3. That third-party defendant, Brandon Avery, is DROPPED as a named party to
this action, and the case caption is amended accordingly.
Dated August 2, 2013, at Denver, Colorado.
BY THE COURT:

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