Opinion
Civil Action No. 13-cv-00695-REB-MJW
06-28-2013
BALL METAL BEVERAGE CONTAINER CORP, a Colorado Corporation, Plaintiff, v. CML&J, LLC, a Connecticut limited liability company, Defendant.
FINAL JUDGMENT
This Final Judgment is entered pursuant to Fed. R. Civ. P. 58(a) and in accordance with the Order Re: Defendant's Motion to Dismiss Pursuant to Fed. R. Civ. P 12(b)(2) and 12(b)(3) [#23] entered by Judge Robert E. Blackburn on June 27, 2013, which order is incorporated herein by this reference.
THEREFORE, IT IS ORDERED as follows:
1. That Defendant CML&J's Motion To Dismiss Pursuant to Fed. R. Civ. P. 12(b)(2) and 12(b)(3) [#13] filed April 18, 2013, is GRANTED IN PART and DENIED AS MOOT IN PART as follows:
a. That the motion to dismiss for lack of personal jurisdiction pursuant to Fed. R. Civ. P. 12(b)(2) is GRANTED; and
b. That the motion to dismiss for improper venue pursuant to Fed. R. Civ. P. 12(b)(3) is DENIED AS MOOT;
2. That plaintiff's claims against defendant are DISMISSED WITHOUT PREJUDICE; and
3. That judgment without prejudice IS ENTERED in favor of defendant, CML&J, LLC, a Connecticut limited liability company, against plaintiff, Ball Metal Beverage Container Corp., a Colorado corporation, on all claims for relief and causes of action asserted in this action.
DATED at Denver, Colorado, this 28th day of June, 2013.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
By: ____________
Edward P. Butler
Deputy Clerk