Opinion
Civil Case No. 11-cv-03257-REB-BNB
12-04-2012
JAMES R. GONGAWARE, and LIBERTY MUTUAL FIRE INSURANCE COMPANY, a Wisconsin corporation, Plaintiffs, v. FERRELLGAS, INC., a Delaware corporation, PW EAGLE, INC., a Minnesota corporation d/b/a JIM EAGLE, J-M MANUFACTURING COMPANY, INC., a Delaware corporation d/b/a JIM EAGLE, UPONOR, INC., and UPONOR NORTH AMERICA, INC., both d/b/a UPONOR ALDYL COMPANY, INC., Defendants.
Judge Robert E. Blackburn
ORDER
Blackburn, J.
The matters before me for consideration are (1) the Dismissal of Plaintiff James R. Gongaware's Claims Against Defendant Ferrellgas With Prejudice [#121] filed November 30, 2012, which I construe as a stipulation to dismiss plaintiff Gongaware's claims against defendant, Ferrellgas, Inc.; and (2) the Stipulation For Dismissal With Prejudice of All Claims Against PW Eagle, Inc., J-M Manufacturing Company, Inc., Uponor, Inc., and Uponor North American, Inc. [#123] filed November 30, 2012. After reviewing the stipulations and the extant record, I conclude that the stipulations should be approved and that the claims by this plaintiff against these defendants should be dismissed with prejudice with all parties to bear their own attorney fees and costs.
"[#121]" 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 Dismissal of Plaintiff James R. Gongaware's Claims Against Defendant Ferrellgas With Prejudice [#121] filed November 30, 2012, is APPROVED;
2. That the Stipulation For Dismissal With Prejudice of All Claims Against PW Eagle, Inc., J-M Manufacturing Company, Inc., Uponor, Inc., and Uponor North American, Inc. [#123] filed November 30, 2012, is APPROVED;
3. That the claims of plaintiff James R. Gongaware against defendants, Ferrellgas, Inc., a Delaware corporation; PW Eagle, Inc., a Minnesota corporation d/b/a JM Eagle; J-M Manufacturing Company, Inc., a Delaware corporation d/b/a JM Eagle, Uponor, Inc., and Uponor North American, Inc., both d/b/a Uponor Aldyl Company, Inc., are DISMISSED WITH PREJUDICE with all parties to bear their own attorney fees and costs; and
4. That by December 14, 2012, plaintiffs SHALL IDENTIFY the parties and claims remaining in this action, if any.
Dated December 4, 2012, at Denver, Colorado.
BY THE COURT:
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Robert E. Blackburn
United States District Judge