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, )

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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

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