Opinion
Civil Case No. 10-cv-01526-REB-KMT
11-01-2011
DAMON O. BARRY, Plaintiff, v. BANK OF AMERICA, N.A., and AURORA LOAN SERVICES, LLC, Defendants.
Judge
ORDER DISMISSING COUNTERCLAIMS WITHOUT PREJUDICE
Blackburn, J.
The matter is before me on the Defendant Bank of America, N.A.'s Motion To Dismiss Counterclaims Without Prejudice [#103] filed October 5, 2011. After reviewing the motion and the file, I conclude that the motion should be granted, that the counterclaims of the defendant, Bank of America, N.A., against the plaintiff should be dismissed without prejudice.
"[#103]" 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 Defendant Bank of America, N.A.'s Motion To Dismiss Counterclaims Without Prejudice [#103] filed October 5, 2011, is GRANTED;
2. That the counterclaims of the defendant, Bank of America, N.A., against the plaintiff, Damon O. Barry, are DISMISSED WITHOUT PREJUDICE; and
3. That the Trial Preparation Conference set for Friday, November 4, 2011, and the jury trial set to commence November 28, 2011, are VACATED.
Dated November 1, 2011, at Denver, Colorado.
BY THE COURT:
Robert E. Blackbum
United States District Judge