Weitz Company, LLC, The et al v. Capitol Peak Lodge Condominium Association, Inc.

Filing 50

JUDGMENT by Clerk in favor of Capitol Peak Lodge Condominium Association, Inc. against Baker Concrete Construction, Inc., Base Village Owner, LLC, LaFarge West, Inc., Weitz Company, LLC, The re: 49 Order, by Clerk on 11/22/2013. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-01179-REB-MJW
THE WEITZ COMPANY, LLC,
BAKER CONCRETE CONSTRUCTION, INC.,
LAFARGE WEST, INC., and
BASE VILLAGE OWNER, LLC,
Plaintiffs,
v.
CAPITOL PEAK LODGE CONDOMINIUM ASSOCIATION, INC.,
Defendant.

FINAL JUDGMENT

This Final Judgment is entered pursuant to Fed. R. Civ. P. 58(a) and in
accordance with the Order Adopting Recommendation of the United States
Magistrate Judge [#49] entered by Judge Robert E. Blackburn on November 22, 2013,
which order is incorporated herein by this reference.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation on Defendant’s Motion To Dismiss Pursuant to
Rules 12(b)(1) and 12(b)(6) (Docket No. 22) [#47], filed October 31 2013, is
APPROVED AND ADOPTED as an order of this court;
2. That Defendant’s Motion To Dismiss Pursuant to Rule 12(b)(1) and
12(b)(6) [#22], filed June 24, 2013, is GRANTED IN PART and DENIED AS MOOT IN
PART as follows:
a. That the motion is GRANTED to the extent it seeks to dismiss this case

based on lack of subject matter jurisdiction in this court; and
b. That in all other respects, the motion is DENIED AS MOOT;
3. That plaintiff’s claims in this matter are DISMISSED WITHOUT PREJUDICE for
lack of subject matter jurisdiction in this court;
3. That JUDGMENT WITHOUT PREJUDICE IS ENTERED on behalf of
defendant, Capitol Peak Lodge Condominium Association, Inc., a Colorado nonprofit
corporation, against plaintiffs, The Weitz Company, LLC, an Iowa limited liability
company; Baker Concrete Construction, Inc., an Ohio corporation; LaFarge West, Inc., a
Delaware corporation; and Base Village Owner, LLC, a Delaware limited liability
company, jointly and severally, on all claims for relief and causes of action; and
4. That the defendant is AWARDED its costs to be taxed by the Clerk of the
Court pursuant to Fed.R.Civ.P. 54(d)(1) and D.C.COLO.LCivR 54.1.
DATED at Denver, Colorado, this 22nd day of November 2013.
FOR THE COURT:
Jeffrey P. Colwell, Clerk
By: s/Kathleen Finney
Kathleen Finney
Deputy Clerk