Opinion
Civil Case No. 11-cv-00555-REB-KLM
09-16-2011
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, COG PLUMBING & HEATING, INC., a Colorado corporation, FRONTIER ENTERPRISES, LTD., d/b/a Frontier Structures, Inc., a Colorado corporation, JOHN'S CONSTRUCTION, PEAK SERVICE AND RENOVATION INC., d/b/a Peak Mechanical Services, Inc., a Colorado corporation, STEAMBOAT LANDSCAPING, INC., d/b/a Mountain West Environments, Inc., a Colorado corporation, THE LOG CONNECTION, INC., a Colorado corporation, TINMAN ROOFING AND HOME IMPROVEMENTS, INC., a Colorado corporation, DAVID JOHNS, individually d/b/a Johns Construction, and CROSS SEVEN, INC., a Colorado corporation, Defendants.
Judge
ORDER OF DISMISSAL AS DEFENDANTS
STEAMBOAT LANDSCAPING, INC., d/b/a MOUNTAIN WEST ENVIRONMENTS, INC.,
DAVID JOHNS, d/b/a JOHNS CONSTRUCTION, AND CROSS SEVEN, INC.
ONLY
Blackburn, J.
The matter is before me on the Stipulation For Dismissal With Prejudice of Defendants Steamboat Landscaping, Inc., d/b/a Mountain West Environments, Inc., David Johns d/b/a Johns Construction, and Cross Seven, Inc. [#102] filed September 15, 2011. After reviewing the stipulation and the file, I conclude that the stipulation should be approved and that plaintiff's claims against defendants, Steamboat Landscaping, Inc., d/b/a Mountain West Environments, Inc., David Johns d/b/a Johns Construction, and Cross Seven, Inc., should be dismissed with prejudice.
"[#102]" 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.
THEREFORE, IT IS ORDERED as follows:
1. That the Stipulation For Dismissal With Prejudice of Defendants Steamboat Landscaping, Inc., d/b/a Mountain West Environments, Inc., David Johns d/b/a Johns Construction, and Cross Seven, Inc. [#102] filed September 15, 2011, is APPROVED;
2. That plaintiff's claims against defendants, Steamboat Landscaping, Inc., d/b/a Mountain West Environments, Inc., David Johns d/b/a Johns Construction, and Cross Seven, Inc., are DISMISSED WITH PREJUDICE with the parties to pay their own attorney fees and costs; and
3. That defendants, Steamboat Landscaping, Inc., d/b/a Mountain West Environments, Inc., David Johns d/b/a Johns Construction, and Cross Seven, Inc., are DROPPED as named parties to this action, and the case caption is amended accordingly.
Dated September 16, 2011, at Denver, Colorado.
BY THE COURT:
Robert E. Blackburn
United States District Judge