Tijuanas Produce, Inc. v. Mi Pueblo Latin Market, Inc., et al

Filing 28

ORDER by Magistrate Judge Boyd N. Boland on 9/30/14. The Motion to Dismiss Without Prejudice 24 is GRANTED, subject to the condition contained here, and this action is DISMISSED WITHOUT PREJUDICE. (bsimm, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Boyd N. Boland Civil Action No. 14-cv-01034-BNB TIJUANAS PRODUCE, INC., a corporation, Plaintiff, v. MI PUEBLO LATIN MARKET, INC., a corporation a/k/a Mi Pueblo Market, JAIME A. CUEVA, an individual, and DANEEN CUEVA, Defendants. ______________________________________________________________________________ ORDER ______________________________________________________________________________ This matter arises on the plaintiff’s Motion to Dismiss Without Prejudice [Doc. # 24, filed 9/16/2014]. I held a hearing on the motion this morning and made rulings on the record, which are incorporated here. IT IS ORDERED: (1) The Motion to Dismiss Without Prejudice [Doc. # 24 is GRANTED, subject to the condition contained here, and this action is DISMISSED WITHOUT PREJUDICE. (2) As a condition of the dismissal, plaintiff’s counsel shall pay to the defendants the value of the 30 minutes of time expended by Mr. Padilla, at his ordinary hourly rate, to attend the scheduling conference on September 4, 2014. Payment shall be tendered no later than October 7, 2014. Dated September 30, 2014. BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge 2

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