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)

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

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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
[phone] – Phone
[phone] – Facsimile
[e-mail]
[e-mail]
Robins Cloud, LLP
Justin R. Kaufman
505 Cerrillos Rd., Suite A209
Santa Fe, New Mexico 87501
[phone] – Phone
[phone] – Facsimile
[e-mail]
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
[e-mail]
Tel: [phone]
Fax: [phone]
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

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