Opinion
Civil Case No. 11-cv-01281-REB-KMT
11-17-2011
MICHAEL MCDONALD, Plaintiff, v. SEARS AND ROEBUCK, Defendant.
Judge
ORDER OF DISMISSAL
Blackburn, J.
The matter is before me on the Stipulation For Dismissal With Prejudice Pursuant To Fed. R. Civ. P. 41(a)(1)(A)(ii) [#35] filed November 17, 2011. After reviewing the stipulation and the file, I conclude that the stipulation should be approved and that this action should be dismissed with prejudice.
"[#35]" 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 Pursuant To Fed. R. Civ. P. 41(a)(1)(A)(ii) [#35] filed November 17, 2011, is APPROVED;
2. That the Trial Preparation Conference set for August 3, 2011, is VACATED;
3. That the jury trial set to commence August 20, 2011, is VACATED; and
4. That this action is DISMISSED WITH PREJUDICE with the parties to pay their own attorney fees and costs.
Dated November 17, 2011, at Denver, Colorado.
BY THE COURT:
Robert E. Blackbum
United States District Judge