L W Innovations, LLC v. Linli Construction, Inc.

Full title: L W INNOVATIONS, LLC, Plaintiff and Counterclaim Defendant, v. LINLI…

Court: United States District Court, D. Colorado

Date published: May 7, 2009

Civil Action No. 1:07-cv-00563-CBS-MJW (D. Colo. May. 7, 2009)

Opinion

Civil Action No. 1:07-cv-00563-CBS-MJW.

May 7, 2009

ORDER GRANTING THIRD PARTY PLAINTIFFS' MOTION FOR VOLUNTARY DISMISSAL OF CLAIMS PURSUANT TO FED. R. CIV. P. 41(A)(2)

CRAIG SHAFFER, Magistrate Judge

This civil action comes before the court on Defendants' Motion For Voluntary Dismissal Of Claims Pursuant To Fed.R.Civ.P. 41(a)(2). The court having reviewed the Motion and the entire case file and being sufficiently advised in the premises, IT IS ORDERED that:

1. Defendants' Motion For Voluntary Dismissal Of Claims Pursuant To Fed.R.Civ.P. 41(a)(2) (filed May 7, 2009) (doc. # 178) is GRANTED.

2. Defendant Yelenick's Counterclaims against Plaintiff L W for Breach of Contract (Yelenick's First Claim for Relief in doc. # 92), Quantum Meruit (Yelenick's Second Claim for Relief in doc. # 92), and Unjust Enrichment (Yelenick's Third Claim for Relief in doc. # 92) are dismissed without prejudice.

3. Defendant LINLI's Counterclaim and Third Party claim against L W, Lips, Warnimont, and Clukies for Federal Trademark Infringement (LINLI's Third Claim for Relief in doc. # 90) is dismissed without prejudice.

4. Defendant LINLI's Third Party claims against Clukies for Common Law Trademark (LINLI's Fourth Claim for Relief in doc. # 90), Misappropriation of Business Values (LINLI's Sixth Claim for Relief in doc. # 90), Unjust Enrichment (LINLI's Seventh Claim for Relief in doc. # 90), and Demand for Accounting (LINLI's Eighth Claim for Relief in doc. # 90) are dismissed without prejudice as to Third-Party Defendant Clukies only.

5. Defendant Gas-O-Haul's claim against Clukies for Unjust Enrichment (Gas-O-Haul's Third Claim for Relief in doc. # 89) is dismissed without prejudice as to Third-Party Defendant Clukies only.