Opinion
Civil Case No. 11-cv-00555-REB-KLM
05-24-2012
ELLIOT B. MAISEL, Plaintiff, v. ERICKSON CONSTRUCTION, INC., a Colorado corporation, RICKIE DEAN ERICKSON, individually, CHARLES L. CUNNIFFE, individually, d/b/a Charles Cunniffe & Assoc, Architects, ALPINE HEATING AND SHEET METAL, INC., a Colorado corporation, PEAK SERVICE AND RENOVATION INC., d/b/a Peak Mechanical Services, Inc., a Colorado corporation, and THE LOG CONNECTION, INC., a Colorado corporation, Defendants; ERICKSON CONSTRUCTION, INC., a Colorado corporation, RICKIE DEAN ERICKSON, individually, Cross-Claimants. CHARLES L. CUNNIFFE, individually, d/b/a Charles Cunniffee & Assoc, Architects, COG PLUMBING & HEATING , INC., a Colorado corporation, Cross Defendants.
Judge Robert E. Blackburn
ORDER DISMISSING DEFENDANT/THIRD-PARTY
DEFENDANT PEAK SERVICE AND RENOVATION, INC. d/b/a PEAK MECHANICAL
SERVICES, INC. WITHOUT PREJUDICE
Blackburn, J.
The matter is before me on the Joint Unopposed Motion To Dismiss Defendant/Third-Party Defendant Peak Service and Renovation Inc. d/b/a Peak Mechanical Services, Inc. Without Prejudice [#149] filed May 23, 2012. After reviewing the motion and the file, I conclude that the motion should be granted. THEREFORE, IT IS ORDERED as follows:
"[#149]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's electronic case filing and management system (CM/ECF). I use this convention throughout this order.
1. That the Joint Unopposed Motion To Dismiss Defendant/Third-Party Defendant Peak Service and Renovation Inc. d/b/a Peak Mechanical Services, Inc. Without Prejudice [#149] filed May 23, 2012, is GRANTED;
2. That the claims of the plaintiff against defendant/cross-claimant Peak Service and Renovation Inc., d/b/a Peak Mechanical Services, Inc. are DISMISSED WITHOUT PREJUDICE with each of the affected parties to pay its own attorney fees and costs;
3. That the claims of defendants/cross-claim plaintiffs Erickson Construction, Inc. and Rickie Dean Erickson against defendant/cross-claimant Peak Service and Renovation Inc., d/b/a Peak Mechanical Services, Inc. are DISMISSED WITHOUT PREJUDICE with each of the affected parties to pay its own attorney fees and costs;
3. That defendant/cross-claimant Peak Service and Renovation Inc., d/b/a Peak Mechanical Services, Inc. is DROPPED as a named party to this action, and the case caption is amended accordingly.
Dated May 24, 2012, at Denver, Colorado.
BY THE COURT:
__________________
Robert E. Blackburn
United States District Judge