Malibu Media, LLC v. Fantalis et al

Filing 118

ORDER OF DISMISSAL by Magistrate Judge Michael E. Hegarty on 11/28/12, DENYING as moot 96 Motion to Dismiss; DENYING as moot 103 Motion to Strike ; and DENYING as moot 112 Motion for Leave. The Stipulation for Dismissal of Plaintiffs Claims Against Defendant Jeff Fantalis with Prejudice 117 is GRANTED. The action will proceed against Defendant Bruce Dunn. Due to Mr. Dunns failure to appear in this case and his consequent inability to consent to this Courts jurisdiction, the Clerk of the Court is directed to reassign the case to Judge Krieger.(nmmsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-00886-MEH
MALIBU MEDIA, LLC,
Plaintiff/Counter-Defendant,
v.
JEFF FANTALIS,
Defendant/Counter-Claimant,
BRUCE DUNN,
Defendant.

ORDER OF DISMISSAL

Michael E. Hegarty, United States Magistrate Judge.
The Stipulation for Dismissal of Plaintiff’s Claims Against Defendant Jeff Fantalis with
Prejudice [filed November 21, 2012; docket #117] is granted. Considering this stipulation and the
notice by Defendant Fantalis of dismissal of his counterclaims, the Court orders that Plaintiff’s
claims and Defendant Fantalis’ counterclaims are dismissed with prejudice. The Clerk of the Court
is directed to remove Defendant Jeff Fantalis as a Defendant from the caption.
In accordance with this order, Plaintiff’s Motion to Dismiss the Second Amended
Counterclaim [filed November 2, 2012; docket #96], Plaintiff’s Motion to Strike Affirmative
Defenses in Second Amended Answer [filed November 5, 2012; docket #103] and Defendant
Fantalis’ Motion for Leave to File Surreply [filed November 13, 2012; docket #112] are denied as
moot.
The action will proceed against Defendant Bruce Dunn. Due to Mr. Dunn’s failure to appear
in this case and his consequent inability to consent to this Court’s jurisdiction, the Clerk of the Court

is directed to reassign the case to Judge Krieger.
Dated at Denver, Colorado, this 28th day of November, 2012.
BY THE COURT:

Michael E. Hegarty
United States Magistrate Judge

2