Opinion
Civil Action No. 04-cv-0865-REB-CBS.
March 2, 2006
ORDER OF DISMISSAL
This matter comes before the Court upon the Joint Motion and Stipulation to Dismiss Remaining Claims filed by the remaining parties pursuant to Federal Rule of Civil Procedure 41(a)(1).
The Court, being fully advised, ORDERS that the following claims and related defenses are dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41:
1) The Estate of Katelyn Hill's claim for reformation of the Allstate policy to include unlimited Essential Services;
2) The Estate of Katelyn Hill's claim for breach of contract for not paying Essential Services;
3) The Estate of Katelyn Hill's claim for bad faith breach of an insurance contract for not paying Essential Services;
4) The Estate of Katelyn Hill's claim for breach of contract for not paying April Hill's Wage Losses; and
5) The Estate of Katelyn Hill's claim for bad faith breach of insurance contract for not paying April Hill's Lost Wages.
It is FURTHER ORDERED that the parties shall bear their own costs and attorneys fees related to the above-dismissed claims.
It is FURTHER ORDERED that the Trial Preparation Conference set March 10, 2006, at 9:00 a.m., and the trial by jury set to commence March 13, 2006, are VACATED.
It is FURTHER ORDERED that this case is DISMISSED with prejudice, and that JUDGMENT SHALL enter in favor of defendant Allstate Insurance Company and against plaintiff Scott Hill as Conservator for the Estate of Katelyn Hill.