Opinion
Civil Case No. 11-cv-00555-REB-KLM
10-21-2011
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, JOHN'S CONSTRUCTION, 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/Third-Party Plaintiffs. CHARLES L. CUNNIFFE, individually, d/b/a Charles Cunniffee & Assoc, Architects, COG PLUMBING & HEATING, INC., a Colorado corporation, PEAK SERVICE AND RENOVATION INC., d/b/a Peak Mechincal Services, Inc., a Colorado corporation, THE LOG CONNECTION, INC., a Colorado corporation, DAVID JOHNS, individually, d/b/a Johns Construction, CROSS SEVEN, INC., a Colorado corporation, LOGARYTHMS, INC., a Colorado corporation, STEAMBOAT LANDSCAPING, INC., d/b/a Mountain West Environments, Inc., a Colorado corporation, and TBW, INC., a Colorado corporation, Cross-Claim Defendants/Third-Party Defendants.
Judge Robert E. Blackburn
ORDER RE STIPULATED MOTION FOR DISMISSAL OF
CROSS-CLAIMANTS/THIRD-PARTY PLAINTIFFS' BREACH OF IMPLIED WARRANTY
CLAIM WITHOUT PREJUDICE
Blackburn, J.
The matter before me is the Stipulated Motion For Dismissal of Cross-
Claimants/Third-Party Plaintiffs' Breach of Implied Warranty Claim Without Prejudice
[#115] filed October 18, 2011. After reviewing the motion and the file, I conclude that the motion should be granted and that cross-claimants/third-party plaintiffs' claim for breach of implied warranty should be dismissed without prejudice.
"[#115]" 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 Stipulated Motion For Dismissal of Cross-Claimants/Third-Party Plaintiffs' Breach of Implied Warranty Claim Without Prejudice [#115] filed October 18, 2011, is GRANTED; and
2. That cross-claimants/third-party plaintiffs, Erikson Construction, Inc., and Rickie Dean Erikson's claim for breach of implied warranty against cross-claim defendant, Cog Plumbing & Heating Inc. is DISMISSED WITHOUT PREJUDICE; and
3. That cross-claim defendant, Cog Plumbing & Heating, Inc., is DROPPED as a named cross-claim defendant in this action, and the case caption is amended accordingly.
Dated October 21, 2011, at Denver, Colorado.
BY THE COURT:
Robert E. Blackburn
United States District Judge