Whitlock Packaging Corporation v. Stearns et al

Filing 66

ORDER accepting 57 Recommendation of United States Magistrate Judge, and granting 47 12(b)(6) Motion to Dismiss Defendants' Counterclaim for Malicious Prosecution, by Judge Lewis T. Babcock on 8/7/14. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
LEWIS T. BABCOCK, JUDGE
Civil Case No. 13-cv-02453-LTB-KMT
WHITLOCK PACKAGING CORPORATION
on its own and derivatively on behalf of
FUZZEE BEE BEVERAGE, LLC,
Plaintiffs,
v.
BRIAN STEARNS and
FUZZEE BEE BEVERAGE, LLC,
Defendants.
________________________________________________________________________
ORDER
________________________________________________________________________

This case is before me on the recommendation of the Magistrate Judge issued and
served on July 23, 2014 (Doc 57).

Defendants have filed timely objections to the

Magistrate Judge’s recommendation.

I have therefore reviewed the file and

recommendation de novo. Accordingly, it is
ORDERED that the recommendation is accepted and Plaintiff’s 12(b)(6) Motion to
Dismiss Defendants’ Counterclaim for Malicious Prosecution (Doc 47) is GRANTED.

BY THE COURT:

s/Lewis T. Babcock
Lewis T. Babcock, Judge
DATED: August 7, 2014