Opinion
Civil Case No. 10-cv-01075-REB-KMT
10-16-2012
LAWRENCE COUNTRYMAN, on behalf of himself and all others similar situated, Plaintiff, v. FARMERS INSURANCE EXCHANGE, an insurer, and owner of MID-CENTURY INSURANCE COMPANY, a California corporation, Defendant.
Judge Robert E. Blackburn
ORDER OF DISMISSAL
Blackburn, J.
The matter before me is the Stipulation of Dismissal [#116] filed October 15, 2012. After reviewing the stipulation and the record, I conclude that the stipulation should be approved and that this action should be dismissed with prejudice.
"[#116]" 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 Stipulation of Dismissal [#116] filed October 15, 2012, is APPROVED;
2. That the Trial Preparation Conference set for October 19, 2012, is VACATED;
3. That the jury trial set to commence November 5, 2012, is VACATED;
4. That any pending motion is DENIED as moot; and
5. That all remaining claims of plaintiff, Lawrence Countryman against defendants Farmers Insurance Exchange and Mid-Century Insurance Company, except for those claims asserted on behalf of himself and the purported two-year-limit subclass (as defined in plaintiff's complaint) that were alleged in plaintiff's complaint as (1) breach of contract, (2) violation of C.R.S. § § 10-4-635 to -636, (3) willful and wanton breach of contract, (4) deceptive trade practices - violation of C.R.S. § 6-1-105(1), (5) violation of C.R.S. § § 10-3-1115 to -1116, and (6) declaratory relief, which claims were 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 October 16, 2012, at Denver, Colorado.
BY THE COURT:
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Robert E. Blackburn
United States District Judge