Opinion
Civil Case No. 11-cv-00555-REB-KLM
11-09-2011
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 DISMISSING CROSS-CLAIMANT/STHIRD-PARTY PLAINTIFFS'
BREACH OF IMPLIED WARRANTY CLAIM WITHOUT PREJUDICE
Blackburn, J.
The matter is before me on the Stipulated Motion For Dismissal of Cross-Claimants/Third-Party Plaintiffs' Breach of Implied Warranty Claim Without Prejudice [#126], filed November 8, 2011, by cross-claimants/third-party plaintiffs Rickie Dean Erickson and Erickson Construction and cross-claim defendant, Peak Service and Renovation, Inc., d/b/a Mechanical Service, Inc. After reviewing the motion and the file, I conclude that the motion should be granted and that the breach of implied warranty claim of defendants/cross-claimants/third-party plaintiffs Rickie Dean Erickson and Erickson Construction Inc., against cross-claim defendant Peak Service and Renovation, Inc., d/b/a Mechanical Service, Inc., should be dismissed without prejudice.
"[#126]" 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 [#126], filed November 8, 2011, is GRANTED; and
2. That the claim for breach of implied warranty asserted by cross-claimants/third-party plaintiffs, Erickson Construction and Rickie Dean Erickson, against cross-claim defendant, Peak Service and Renovation, Inc., d/b/a Mechanical Services, Inc., is DISMISSED WITHOUT PREJUDICE, with the parties to pay their own attorney fees and costs.
Dated November 9, 2011, at Denver, Colorado.
BY THE COURT:
Robert E. Blackburn
United States District Judge