Pate et al v. Bishop's Lodge Resort and SPA et al

Filing 185

ORDER by Magistrate Judge William P. Lynch granting 184 Motion to Dismiss. (mej)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO ROBERT W. PATE and SANDRA L. PATE § § VS. § § THE BISHOP’S LODGE RESORT AND § SPA, BISHOP’S LODGE I, LLC, BISHOP’S § LODGE RESORT COMMUNITIES, § LLC, BISHOP’S LODGE-VEF II § OPERATOR, INC., VALUE § ENHANCEMENT FUND II, LLC, § AREA PROPERTY PARTNERS, LP § CIVIL ACTION NO. 1:16cv274-WPL/KK JURY DEMANDED   AGREED ORDER OF DISMISSAL OF ALL CLAIMS WITH PREJUDICE This matter having come before the Court on Plaintiffs, Robert W. Pate and Sandra L. Pate’s, and Defendants, The Bishop’s Lodge Resort and Spa, Bishop’s Lodge I, LLC, Bishop’s Lodge-VEF II Operator, Inc., Value Enhancement Fund II, LLC, and CAM Hospitality Management, LLC’s Joint Motion to Dismiss With Prejudice, and good cause being shown, the Court finds that the Plaintiffs’ and Defendants’ Joint Motion to Dismiss With Prejudice is meritorious and should be GRANTED. It is, therefore, ORDERED, ADJUDGED, and DECREED that the Plaintiffs’ and Defendants’ Joint Motion to Dismiss With Prejudice is hereby GRANTED, and it is further ORDERED that all claims asserted in this case or that could have been asserted in this case are hereby DISMISSED WITH PREJUDICE to the refiling of same, with all Parties bearing their own attorney’s fees and costs. All other relief not requested herein is hereby DENIED and this ORDER is considered final and is appealable. WILLIAM P. LYNCH UNITED STATES MAGISTRATE JUDGE   Page 1 of 2 APPROVED BY ALL COUNSEL: Kebodeaux, Hargroder & Alexander, L.L.P. /s/Casey H. Hargroder CASEY H. HARGRODER (Pro Hac Vice) Texas State Bar No. 24050718 H. SCOTT ALEXANDER (Pro Hac Vice) Texas State Bar No. 00793247 2905 Toccoa Street Beaumont, Texas 77703 (409) 832-0347 – Phone (409) 838-0167 – Facsimile Robins Cloud, LLP Justin R. Kaufman 505 Cerrillos Rd., Suite A209 Santa Fe, New Mexico 87501 (505) 986-0600 – Phone (505) 986-0632 – Facsimile ATTORNEYS FOR PLAINTIFFS, ROBERT W. PATE AND SANDRA L. PATE /s/Nelse T. Miller Nelse T. Miller Federal Bar No. 96-221 Louis W. Horowitz Federal Bar No. 14-7 LORBER, GREENFIELD & POLITO, LLP 13985 Stowe Drive Poway, CA 92064 Tel: (858) 513-1020 Fax: (858) 513-1002 ATTORNEYS FOR DEFENDANTS, VALUE ENHANCEMENT FUND II, LLC D/B/A THE BISHOP’S LODGE RANCH RESORT AND SPA, BISHOP’S LODGE—VEF II OPERATOR, INC., BISHOP’S LODGE RESORT COMMUNITIES, LLC, AREA PROPERTY PARTNERS, LP, CAM HOSPITALITY MANAGEMENT, LLC   Page 2 of 2

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