Broker's Choice of America, Inc. v. The CGA Exchange

Filing 35

ORDER: The action is DISMISSED WITH PREJUDICE at the request of the parties. The plaintiff may have its costs by filing a bill of costs pursuant to D.C.COLO.LCivR54.1. By Magistrate Judge Boyd N. Boland on 7/10/2014. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 14-cv-00407-BNB
BROKER’S CHOICE OF AMERICA, INC., a Colorado corporation,
Plaintiff,
v.
THE CGA EXCHANGE f/k/a The CGA Exchange, Inc., a North Carolina corporation,
Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________
The parties have filed a Stipulation to Dismiss With Prejudice [Doc. # 34] which
ordinarily would be effective without a court order. Fed. R. Civ. P. 41(a)(1)(A). Here, however,
the Stipulation provides that “[c]osts shall be taxed against the Defendant and both parties shall
bear their respective attorney’s fees.” Consequently, an order assessing costs is necessary, and
the Stipulation is construed as a motion to dismiss under Rule 41(a)(2).
IT IS ORDERED:
(1)

The action is DISMISSED WITH PREJUDICE at the request of the parties; and

(2)

The plaintiff may have its costs by filing a bill of costs pursuant to

D.C.COLO.LCivR54.1.
Dated July 10, 2014.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge