Opinion
Civil Action No. 12-cv-01382-MSK-BNB
04-04-2013
BAKER CONCRETE CONSTRUCTION, INC., an Ohio corporation, Plaintiff, v. KIEWIT BUILDING GROUP INC., a Delaware corporation; DENVER ZOOLOGICAL FOUNDATION, INC., a Colorado corporation; and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a Connecticut corporation, Defendants.
Honorable Marcia S. Krieger
ORDER OF DISMISSAL WITH PREJUDICE
THIS MATTER comes before the Court on the Stipulated Motion to Dismiss Plaintiff Baker Concrete Construction Inc.'s Claims for Relief (Motion) (#137) filed April 4, 2013. Having reviewed the Motion,
IT IS ORDERED that the Motion is GRANTED and all of Baker's Claims for Relief in this action (all of which are alleged against KBG, DZF and TCSCA) are dismissed with prejudice. The dismissed claims include the First (Breach of Contract against KBG), Second (Negligent Misrepresentation against KBG), Third (Unjust Enrichment against KBG and DZF), and Fourth (Payment on Surety Bond against TCSCA) Claims for Relief. Each party will bear its own costs and attorneys' fees with respect to the dismissed claims. KBG's counterclaims against Baker are not dismissed by virtue of the Motion.
BY THE COURT:
____________
Marcia S. Krieger
Chief United States District Judge