HealthTrio, LLC v. Travelers Property Casualty Company of America

Filing 134

ORDER OF DISMISSAL: The 133 Stipulation for Dismissal with prejudice is APPROVED. All currently pending motions are DENIED AS MOOT, including but not limited to the following: 28 Defendant's Motion for Partial Summary Judgment, 93 Defend ant's Motion for Summary Judgment Dismissing all Claims, 113 Defendant's Motion to Exclude Testimony of R. Hugh Lumpkin, and 114 Plaintiff's F.R.E. 702/Daubert and Related Challenges to Testimony of Defendant's Putative Exper t Witnesses. The 121 Recommendation of the United States Magistrate Judge filed 1/20/2015, respectfully is REJECTED AS MOOT. This action is DISMISSED WITH PREJUDICE, with the parties to pay their own attorney gees and costs. By Judge Robert E. Blackburn on 2/27/2015. (alowe)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 14-cv-00135-REB-KLM
HEALTHTRIO, LLC, a Colorado limited liability company,
Plaintiff,
v.
TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, a Connecticut
corporation,
Defendant.

ORDER OF DISMISSAL
Blackburn, J.
The matter before me is the Stipulation for Dismissal With Prejudice [#133],1
filed February 26, 2015. After careful review of the stipulation and the file, I conclude that
the stipulation should be approved and that this action should be dismissed with prejudice.

THEREFORE, IT IS ORDERED as follows:
1. That the Stipulation for Dismissal with Prejudice [#133], filed February 26,
2015, is APPROVED;
2. That all currently pending motions are DENIED AS MOOT, including, but not
limited to, the following:
a. Defendant’s Motion for Partial Summary Judgment [#28], filed April
25, 2014;

b. Defendant’s Motion for Summary Judgment Dismissing All Claims
[#93], filed November 25, 2014;

1

“[#133]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.

c. Defendant’s Motion To Exclude the Testimony of R. Hugh Lumpkin
Under Federal Rule of Evidence 702 [#113], filed January 7, 2015; and
d. Plaintiff’s F.R.E. 702/Daubert and Related Challenges to Testimony
of Defendant’s Putative Expert Witnesses [#114], filed January 7, 2015;
3. That the objections stated in Plaintiff’s Objections to Magistrate Judge’s
Order Dated December 24, 2014 [#117], filed January 9, 2015, are OVERRULED AS
MOOT;
4. That the Recommendation of United States Magistrate Judge [#121], filed
January 20, 2015, respectfully, is REJECTED AS MOOT; and

5. That this action is DISMISSED WITH PREJUDICE, with the parties to pay their
own attorney fees and costs.
Dated February 27, 2015, at Denver, Colorado.

BY THE COURT:

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