Opinion
Civil Action No. 04-CV-197-EWN-BNB.
December 8, 2005
THIS MATTER having come before the Court on the Unopposed Joint Motion to (1) Dismiss Claims Between Plaintiff and BCORP With Prejudice; (2) Dismiss Plaintiffs' Claims Against the Underlying Plaintiffs Without Prejudice; and (3) Realign Parties, and the Court having reviewed the Motion and being fully informed in this matter, it is hereby ORDERED that:
1. The Motion to Dismiss Claims Between Plaintiff and BCORP With Prejudice is GRANTED. All claims and counterclaims between Plaintiffs American Fire and Casualty Company and The Ohio Casualty Insurance Company (collectively "American Fire") on the one hand and Defendants BCORP Canterbury at Riverwalk LLC, as Nominee, BCORP Holdings Colorado, Inc., BCORP Management, Inc., BCORP Arlington, LLC, as Nominee, BCORP-HRT, LLC, Kelly Begg and Gary Begg (collectively "BCORP") on the other hand are dismissed with prejudice, each party to bear its or his own costs and attorney fees;
2. The Motion to Dismiss Plaintiffs' Claims Against the Underlying Plaintiffs Without Prejudice is GRANTED. Plaintiffs' claims against Defendants Andrew Graves, Maria Alfaraz, Jon Hess, Melinda Thomas, Ryan Knutsen, Rosemarie Lumetta, Dan Overbey, David Seddon, Christine Suess, David Hossler and Deborah Eytcheson are dismissed without prejudice, each party to bear their own costs and attorney fees;
3. Plaintiffs are hereby dismissed from this action; and
4. The Motion to Realign Parties is DENIED without prejudice as moot due to this Court's December 8, 2005 Order staying all proceedings in this case until May 1, 2006.