Auto-Owners Insurance Company v. Next Generation Energy, LLC et al

Filing 69

ORDER DISMISSING CASE Joint Stipulation for Dismissal with Prejudice is approved.The combined Trial preparation Conference and Final Pretrial Conference set October 16, 2015, is vacated. Joint Motion To Vacate and Reset the Trial Date and Motion To Vacate and Reset the Final Pretrial Hearing 61 is denied as moot. By Judge Robert E. Blackburn on 9/30/2015. (mlace, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 14-cv-01580-REB-KLM AUTO-OWNERS INSURANCE COMPANY, a Michigan corporation, Plaintiff, v. NEXT GENERATION ENERGY, LLC, a Colorado limited liability company, KREUTZMAN CONSTRUCTION, INC., a Colorado corporation, and DAVID KREUTZMAN, an individual, Defendants. ORDER OF DISMISSAL Blackburn, J. The matter is before me on the Joint Stipulation for Dismissal with Prejudice [#68]1 filed September 24, 2015. After careful review of the stipulation and the file, I conclude that the stipulation should be approved and that the parties’ respective claims against each other should be dismissed with prejudice. THEREFORE, IT IS ORDERED as follows: 1. That the Joint Stipulation for Dismissal with Prejudice is approved; 2. That the claims of the plaintiff against defendants, David Kreutzman, Next Generation Energy, LLC, and Kreutzman Construction, Inc. (“Kreutzman Defendants”), are dismissed with prejudice; 3. That the counterclaims of the defendant, Next Generation Energy, LLC, and 1 “[#68]” 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. the Kreutzman Defendants against the plaintiff, Auto-Owners Insurance Company, are dismissed with prejudice; 4. That the combined Trial preparation Conference and Final Pretrial Conference set October 16, 2015, is vacated; 5. That the trial by jury set to commence November 2, 2015, is vacated; 6. That the parties shall pay their own attorney fees and costs; 7. That the Joint Motion To Vacate and Reset the Trial Date and Motion To Vacate and Reset the Final Pretrial Hearing [#61] filed July 21, 2015, is denied as moot; and 8. That this case is closed. Dated September 30, 2015, at Denver, Colorado. BY THE COURT: 2

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