Blatchley et al v. Cunningham et al

Filing 103

ORDER The Stipulation for Dismissal ECF No. 97 is hereby APPROVED. All claims against Defendant Todd William Peters, M.D. in this matter are dismissed without prejudice, and the parties shall bear their own fees and costs. Defendants Motion to Dismiss ECF No. 72 is hereby DENIED as moot, by Judge Wiley Y. Daniel on 10/6/2015.(evana, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 15-cv-0460-WYD-NYW JODY BLATCHLEY and DELFINA BLATCHLEY Plaintiffs, v. RICHARD CUNNINGHAM, M.D.; PETER JANES, M.D.; TODD WILLIAM PETERS, M.D.; MATTHEW CAIN, PA-C; TIMOTHY SMITH, PA-C; CAMERON YOUNGBLOOD, PA-C; ST. ANTHONY SUMMIT MEDICAL CENTER; VAIL-SUMMIT ORTHOPAEDICS, P.C.; Defendants. _____________________________________________________________________ ORDER _____________________________________________________________________ On September 28, 2015, Plaintiffs and Defendant Todd William Peters, M.D. jointly filed a Stipulated Motion for Dismissal Without Prejudice (ECF No. 97), indicating that each party shall bear their own costs and attorneys’ fees incurred with respect to the claims dismissed. The Stipulation for Dismissal (ECF No. 97) is hereby APPROVED. All claims against Defendant Todd William Peters, M.D. in this matter are dismissed without prejudice, and the parties shall bear their own fees and costs. On August 18, 2015, Defendant Todd William Peters, M.D. filed a Motion to Dismiss the claims against him in this matter (ECF No. 72). Since the above-referenced Stipulated Motion for Dismissal Without Prejudice against this Defendant is approved, the Defendant’s Motion to Dismiss (ECF No. 72) is hereby DENIED as moot. The Clerk of the Court is directed to modify the caption in this matter and remove Defendant Todd William Peters, M.D. Dated: October 6, 2015. BY THE COURT: s/ Wiley Y. Daniel WILEY Y. DANIEL, SENIOR UNITED STATES DISTRICT JUDGE -2-

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