Opinion
Civil Action Number 05-cv-01529-RPM.
September 29, 2005
ORDER GRANTING SUMMARY JUDGMENT OF DISMISSAL AS TO DEFENDANT SUNRISE THIRD CHERRY CREEK SL, LLC
On August 17, 2005, the defendant Sunrise Third Cherry Creek SL, LLC, filed a motion for summary judgment with an affidavit of Susan L. Timoner attached. The plaintiffs have not responded to that motion. Upon examination of the complaint and considering the affidavit of Ms. Timoner, the Court finds that it is undisputed that the moving defendant was organized for a limited purpose unrelated to the conduct alleged in the complaint as forming a basis for liability; that it is a separate entity from the other defendants and that there is no basis for including it in this lawsuit. It is therefore
ORDERED that the motion is granted and the clerk will enter judgment dismissing this civil action as to the defendant Sunrise Third Cherry Creek SL, LLC, a Colorado Limited Liability Company.