Opinion
Civil No. 1:04cv00006 PGC.
July 27, 2004
William G. Marsden (#2087), PRINCE, YEATES GELDZAHLER, A Professional Corporation, Salt Lake City, UT, Attorneys for Ivory Homes and Ivory Mortgage.
ORDER DISMISSING THIRD-PARTY COMPLAINTS, WITH PREJUDICE
The Court having read and reviewed the Stipulation and Joint Motion for Dismissal of Counterclaims and Third-party Complaint, with Prejudice (the " Stipulation"), filed by the parties to the above-entitled action, and good cause appearing for the entry of an order approving the Stipulation and dismissing certain claims as sought,
IT IS HEREBY ORDERED THAT:
1. The Stipulation is approved;
2. The third-party complaints alleged by Jason Wolnek and Abby Wolnek against Ivory Mortgage (and against Ivory Homes to the extent, if any, that the third-party complaints make any RESPA-related allegations against Ivory Homes) are dismissed, with prejudice and on the merits, each party to bear its own costs and attorney fees; and
3. The designation of Ivory Mortgage as a Counterclaim Defendant shall be deleted from the caption of this action for all future pleadings, orders and other papers.