Bituminous Casualty Corporation v. Front Range Excavating, Inc. et al

Filing 76

ORDER DISMISSING CASE, that the Stipulation of Voluntary Dismissal Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) ECF No. 75 is APPROVED. This case is DISMISSED WITHOUT PREJUDICE, with each party to pay its own costs. Accordingly, the final trial preparation conference set for August 13, 2015 and the bench trial set for August 25, 2015 are hereby VACATED, by Judge Wiley Y. Daniel on 7/13/2015. (evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No: 13-cv-00399-WYD-KLM
BITCO GENERAL INSURANCE CORPORATION,
Plaintiff,
v.
FRONT RANGE EXCAVATING, INC., TRI-STAR CONSTRUCTION WEST, LLC and
GOLD PEAK AT PALOMINO PARK, LLC,
Defendants.

ORDER OF DISMISSAL WITHOUT PREJUDICE
THIS MATTER comes before the Court on the parties’ Stipulation of Voluntary
Dismissal Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) (ECF No. 75). After carefully
reviewing the file in this matter, I find that the stipulation should be approved pursuant to
Fed. R. Civ. P. 41(a)(1)(A)(ii) and the case should be dismissed without prejudice.
Accordingly, it is
ORDERED that the Stipulation of Voluntary Dismissal Pursuant to Fed. R. Civ. P.
41(a)(1)(A)(ii) (ECF No. 75) is APPROVED. This case is DISMISSED WITHOUT
PREJUDICE, with each party to pay its own costs. Accordingly, the final trial preparation
conference set for August 13, 2015 and the bench trial set for August 25, 2015 are hereby
VACATED.

Dated: July 13, 2015
BY THE COURT:

s/ Wiley Y. Daniel
WILEY Y. DANIEL,
UNITED STATES SENIOR DISTRICT JUDGE