Bovino v. Levenger Company

Filing 78

ORDER re 74 Status Report. The Court DISMISSES, without prejudice, Levenger's Counterclaims and DIRECTS the Clerk of the Court to close the matter subject to the Court's prior granting to Levenger leave to file a motion for its costs and attorneys' fees. By Judge Raymond P. Moore on 07/16/2015. (athom, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Raymond P. Moore Civil Action No. 14–cv–00122–RM–KLM JERALD A. BOVINO, Plaintiff/Counter-Defendant, v. LEVENGER COMPANY, Defendant/Counter-Plaintiff. ORDER This matter is before the Court on Defendant/Counter-Plaintiff Levenger Company’s (“Levenger”) status report (ECF No. 74) in response to the Court’s prior order (ECF No. 69) dismissing Plaintiff/Counter-Defendant Jerald A. Bovino’s (“Bovino”) remaining claims in his Complaint (ECF No. 1). Based upon Levenger’s representations in its status report, the Court: (1) DISMISSES, without prejudice, Levenger’s Counterclaims (ECF No. 33 at 10- 11); and (2) DIRECTS the Clerk of the Court to close the matter subject to the Court’s prior granting to Levenger leave to file a motion for its costs and attorneys’ fees. DATED this 16th day of July, 2015. BY THE COURT: ____________________________________ RAYMOND P. MOORE United States District Judge

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