Sprague v. Michaels Stores, Inc. et al

Filing 35

ORDER denying as moot 32 Motion to Dismiss. By Judge Christine M. Arguello on 06/04/2014.(athom, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Christine M. Arguello Civil Action No. 14-cv-00808-CMA-CBS (Consolidated for all purposes with Civil Action No. 14-cv-01025-CMA-CBS BILLIE SPRAGUE, Plaintiff, v. MICHAELS STORES, INC., a Delaware corporation, and THE GERSON COMPANY, a Missouri corporation, Defendants. ORDER REGARDING PLAINTIFF’S COUNTS FOR BREACH OF WARRANTIES Pursuant to the parties’ Joint Stipulation to Dismiss Plaintiff’s Counts for Breach of Warranties (Doc. # 34), it is ORDERED that Counts III and VII of these consolidated case are DISMISSED, each party to bear his or its own costs and attorney fees with respect to the counts for breach of warranties. Plaintiff’s remaining counts in these consolidated cases shall remain pending. It is FURTHER ORDERED that Defendants’ Motion to Dismiss Plaintiff’s Breach of Warranties Claim (Doc. # 32) is DENIED AS MOOT. DATED: June 04 , 2014 BY THE COURT: ________________________________ CHRISTINE M. ARGUELLO United States District Judge

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