Opinion
Civil Action No. 11-cv-00930-REB-BNB
03-12-2012
BANK OF AMERICA, a national banking association, Plaintiff, v. MICHAEL NEIL SCHLUTERBUSCH, an individual, BANK ONE, N.A., a national banking association, THE COLORADO DEPARTMENT OF REVENUE, COMPASS BANK, a Colorado corporation, NORTH PARK HOWEOWNER'S ASSOCIATION, and CAROL SNYDER, Public Trustee For Adams County Colorado, Defendants.
Judge Robert E. Blackburn
ORDER DISMISSING DEFENDANTS,
THE COLORADO DEPARTMENT OF REVENUE
AND MICHAEL NEIL SCHLUTERBUSH , ONLY
Blackburn, J.
The matter is before me on the Joint Motion and Stipulation of Plaintiff and Defendants Colorado Department of Revenue and Michael N. Schluterbusch [#58]filed March 9, 2012. After reviewing the motion and the file, I conclude that the motion should be granted and that plaintiff's claims against defendants, Michael Neil Schluterbush and the Colorado Department of Revenue, should be with prejudice.
"[#58]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's electronic case filing and management system (CM/ECF). I use this convention throughout this order.
THEREFORE, IT IS ORDERED as follows:
1. That the Joint Motion and Stipulation of Plaintiff and Defendants Colorado Department of Revenue and Michael N. Schluterbusch [#58] filed March 9, 2012, is GRANTED;
2. That plaintiff's claims against defendants, Michael Neil Schluterbush and the Colorado Department of Revenue, are DISMISSED WITH PREJUDICE with each of the affected parties to pay its own attorney fees and costs;
3. That any motion filed on behalf of defendants, Michael Neil Schluterbush or the Colorado Department of Revenue, is DENIED as moot; and
4. That defendants, Michael Neil Schluterbush and the Colorado Department of Revenue, are DROPPED as named parties to this action, and the case caption is amended accordingly.
Dated March 12, 2012, at Denver, Colorado.
BY THE COURT:
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Robert E. Blackburn
United States District Judge