Opinion
Civil Action No. 10-cv-01075-REB-KMT
10-19-2012
LAWRENCE COUNTRYMAN, on behalf of himself and all others similarly situated, Plaintiff, v. FARMERS INSURANCE EXCHANGE, an insurer, and owner of MID-CENTURY INSURANCE COMPANY, a California corporation, and MID-CENTURY INSURANCE COMPANY, a California corporation, Defendants.
FINAL JUDGMENT
Pursuant to Fed. R. Civ. P. 58(a), and the orders entered in this case, Final Judgment is entered.
A. Pursuant to the Order Granting Motion To Dismiss [#100] entered by Judge Robert E. Blackburn on June 6, 2012, which order is incorporated by reference,
IT IS ORDERED as follows:
1. That Defendants Farmers Insurance Exchange and Mid-Century Insurance Company's Supplemental Motion To Dismiss [#97] filed March 21, 2012, is GRANTED;
2. That plaintiff's claims implicating the two-year limitation subclass are DISMISSED WITH PREJUDICE; and
3. That JUDGMENT IS NOW ENTERED on behalf of defendants, Farmers Insurance Exchange, an insurer and owner of Mid-Century Insurance Company, a California Corporation; and Mid-Century Insurance Company, a California Corporation, against plaintiff, Lawrence Countryman, on behalf of himself and all others similarly situated, as to the claims implicating the two-year limitation subclass, set forth at sections VIII and IX of the Rule 23 Complaint and Jury Demand ¶¶ 140-180 at 33-40 [#2] filed May 7, 2010; provided, that JUDGMENT as to these claims IS WITH PREJUDICE.
B. On notice of the filing of the Stipulation of Dismissal [#116] filed October 15, 2012, and as memorialized in the Order of Dismissal [#117] entered by Judge Robert E. Blackburn on October 16, 2012, which order is incorporated by reference,
IT IS ORDERED as follows:
1. That the Stipulation of Dismissal is APPROVED; and
2. That all remaining claims of plaintiff, Lawrence Countryman against defendants Farmers Insurance Exchange and Mid-Century Insurance Company, except for those claims previously dismissed with prejudice by the Order Granting Motion To Dismiss [#100] and which plaintiff has indicated an intention to appeal, are DISMISSED WITH PREJUDICE, with each party to bear its own costs, attorney fees, and other expenses of litigation.
DATED at Denver, Colorado, this 19th day of October, 2012.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
By: ____________
Edward P. Butler
Deputy Clerk