General Star Indemnity v. Oakwood Bldg. Development

Full title: GENERAL STAR INDEMNITY COMPANY, a Connecticut corporation, Plaintiff, v…

Court: United States District Court, D. Colorado

Date published: Nov 30, 2007

Civil Action No. 07-cv-01846-ZLW-MJW (D. Colo. Nov. 30, 2007)

Opinion

Civil Action No. 07-cv-01846-ZLW-MJW.

November 30, 2007

ORDER

ZITA WEINSHIENK, Senior District Judge

The matters before the Court are a Stipulation For Dismissal Of Canal Indemnity Company Without Prejudice (Doc. 41), a Stipulated Motion To Dismiss Defendants Myron And Tina Smith With Prejudice (Doc. 42), Plaintiff's Unopposed Motion To Amend The Complaint (Doc. No. 43), and a Stipulated Motion To Dismiss The Third Claim For Relief Without Prejudice (Doc. No. 45). In consideration thereof, it is

ORDERED that the Stipulated Motion To Dismiss Defendants Myron And Tina Smith With Prejudice (Doc. 42) is granted, and the Complaint and cause of action, including any and all claims that were asserted by and between them or that could have been asserted by and between them, are dismissed with prejudice as to Defendants Myron and Tina Smith, the parties to pay their own attorney fees and costs. It is

FURTHER ORDERED that the Complaint and cause of action are dismissed without prejudice as to Defendant Canal Indemnity Company pursuant to the terms of the Stipulation (Doc. 41), the parties to pay their own attorney fees and costs. It is

FURTHER ORDERED that Plaintiff's Unopposed Motion To Amend The Complaint (Doc. No. 43) is granted and the Complaint attached as an exhibit to the Motion is accepted as Plaintiff's Second Amended Complaint. It is

FURTHER ORDERED that the Stipulated Motion To Dismiss The Third Claim For Relief Without Prejudice (Doc. No. 45) is granted.