Opinion
Civil Case No. 09-cv-02914-REB-BNB
03-13-2012
IRON WORKERS DISTRICT COUNCIL OF TENNESSEE VALLEY & VICINITY PENSION PLAN, Derivatively on Behalf of LEVEL 3 COMMUNICATIONS, INC., Plaintiff, v. JAMES Q. CROWE, KEVIN J. O'HARA, SUNIT S. PATEL, MICHAEL B. YANNEY, JAMES O. ELLIS JR., RICHARD R. JAROS, ROBERT E. JULIAN, ARUN NETRAVALI, JOHN T. REED, WALTER SCOTT, JR., and ALBERT C. YATES, Defendants, and LEVEL 3 COMMUNICATIONS, INC., a Delaware corporation, Nominal Defendant.
Judge Robert E. Blackburn
ORDER GRANTING MOTION FOR FINAL ORDER OF DISMISSAL
Blackburn, J.
This matter is before the court on the plaintiff's Unopposed Motion for Final Order of Dismissal [#61] filed March 8, 2012. In this motion, and in a previous motion [#59], the parties seek an order approving the voluntary dismissal of this shareholder derivative action. The parties propose a dismissal with prejudice as to the plaintiff and without prejudice otherwise. A parallel shareholder derivative action is pending in state court. In re Level 3 Communications Inc. Derivative Litigation, Lead Case No. 2009CV59 (District Court, Broomfield County, Colorado). The parties have complied with the requirements of FED. R. CIV. P. 23.1(c). Thus, the stipulated and voluntary dismissal of this case is appropriate.
"[#61]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's case management and electronic case filing system (CM/ECF). I use this convention throughout this order.
THEREFORE, IT IS ORDERED as follows:
1. That the plaintiff's Unopposed Motion for Final Order of Dismissal [#61] filed March 8, 2012, is GRANTED;
2. That under FED. R. CIV. P. 23.1(c) and 41(a), this case is DISMISSED without prejudice as to the named defendants;
3. That under FED. R. CIV. P. 23.1(c) and 41(a), this case is DISMISSED with prejudice as to the plaintiff, Iron Workers District Council of Tennessee Valley & Vicinity Pension Plan, Derivatively on Behalf of Level 3 Communications, Inc.;
4. That all other pending motions, including those docketed as [#50, #51, and #52], are DENIED as moot; and
5. That this case is CLOSED.
Dated March 13, 2012, at Denver, Colorado.
BY THE COURT:
____________________________
Robert E. Blackburn
United States District Judge