Milner Distribution Alliance, Inc. v. Milner Sports, LLC et al

Filing 46

ORDER DISMISSING CASE That the Stipulation of Dismissal With Prejudice 45 , filed December 21, 2015, is approved; That the Final Pretrial Conference and Trial Preparation Conference, set March 11, 2016, at 2:00 p.m., and the trial, set to commenc e on March 28, 2016, are vacated; That any pending motion, including but not limited to Defendants Motion for Summary Judgment 38 , filed October 20, 2015, is denied as moot; and That this action is dismissed with prejudice with the parties to pay their own attorney fees and costs, by Judge Robert E. Blackburn on 12/23/2015. (evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No.: 15-CV-00397-REB-CBS
MILNER DISTRIBUTION ALLIANCE, INC., a Colorado corporation.
Plaintiff,
v.
MILNER SPORTS, LLC d/b/a EPOCH EYEWEAR, a Colorado limited liability company,
365 SHADES, LLC, a Colorado limited liability company,
BRET MILNER, an individual,
REBECCA MILNER, an individual,
RANDALL SMITH, an individual,
DANIEL LYSYJ, an individual,
DEREK SMITH, an individual, and
STEVE HARMAN, an individual.
Defendants.

ORDER OF DISMISSAL
Blackburn, J.
The matter is before me on the Stipulation of Dismissal With Prejudice [#45],1
filed December 21, 2015. After reviewing the stipulation and the record, I conclude that
the stipulation should be approved and that this action should be dismissed with
prejudice, with the parties to pay their own attorney fees and costs.
THEREFORE, IT IS ORDERED as follows:
1. That the Stipulation of Dismissal With Prejudice [#45], filed December 21,
2015, is approved;

1

“[#45]” 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.

2. That the Final Pretrial Conference and Trial Preparation Conference, set
March 11, 2016, at 2:00 p.m., and the trial, set to commence on March 28, 2016, are
vacated;
3. That any pending motion, including but not limited to Defendants’ Motion for
Summary Judgment [#38], filed October 20, 2015, is denied as moot; and
4. That this action is dismissed with prejudice with the parties to pay
their own attorney fees and costs.
Dated December 23, 2015, at Denver, Colorado.
BY THE COURT:

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