Ball Metal Beverage Container Corp. v. CML&J, LLC

Filing 24

JUDGMENT by Clerk in favor of CML&J, LLC against Ball Metal Beverage Container Corp. re: 23 Order on Motion to Dismiss, by Clerk on 6/28/2013. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00695-REB-MJW
BALL METAL BEVERAGE CONTAINER CORP, a Colorado Corporation,
Plaintiff,
v.
CML&J, LLC, a Connecticut limited liability company,
Defendant.

FINAL JUDGMENT

This Final Judgment is entered pursuant to Fed. R. Civ. P. 58(a) and in
accordance with the Order Re: Defendant’s Motion to Dismiss Pursuant to Fed. R.
Civ. P 12(b)(2) and 12(b)(3) [#23] entered by Judge Robert E. Blackburn on June 27,
2013, which order is incorporated herein by this reference.
THEREFORE, IT IS ORDERED as follows:
1. That Defendant CML&J’s Motion To Dismiss Pursuant to Fed. R. Civ. P.
12(b)(2) and 12(b)(3) [#13] filed April 18, 2013, is GRANTED IN PART and DENIED AS
MOOT IN PART as follows:
a. That the motion to dismiss for lack of personal jurisdiction pursuant to
Fed. R. Civ. P. 12(b)(2) is GRANTED; and
b. That the motion to dismiss for improper venue pursuant to Fed. R. Civ.
P. 12(b)(3) is DENIED AS MOOT;
2. That plaintiff’s claims against defendant are DISMISSED WITHOUT
PREJUDICE; and

3. That judgment without prejudice IS ENTERED in favor of defendant, CML&J,
LLC, a Connecticut limited liability company, against plaintiff, Ball Metal Beverage
Container Corp., a Colorado corporation, on all claims for relief and causes of
action asserted in this action.

DATED at Denver, Colorado, this 28th day of June, 2013.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
By: s/Edward P. Butler
Edward P. Butler
Deputy Clerk