McKinley Med., LLC v. Medmarc Cas. Ins. Co.

Full title: McKINLEY MEDICAL, LLC, a Colorado limited liability company, THE BROE…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Feb 27, 2013

Civil Action No. 11-cv-01218-CMA-KMT (D. Colo. Feb. 27, 2013)

Opinion

Civil Action No. 11-cv-01218-CMA-KMT

02-27-2013

McKINLEY MEDICAL, LLC, a Colorado limited liability company, THE BROE COMPANIES, INC., a Colorado corporation, and PAT BROE, Individuclaly, Plaintiffs, v. MEDMARC CASUALTY INSURANCE COMPANY, a Vermont company, Defendant; MEDMARC CASUALTY INSURANCE COMPANY, a Vermont company, Third-Party Plaintiff, v. DJ ORTHOPEDICS, LLC, a Delaware limited liability company, and DJO, LLC, a Delaware limited liability company, Third-Party Defendants.

CHRISTINE M. ARGUELLO

Judge Christine M. Arguello

ORDER GRANTING JOINT MOTION TO DISMISS

This matter is before the Court on the Joint Motion for Dismissal (Doc. # 116) submitted by Plaintiffs-Counterclaim Defendants McKinley Medical, LLC, The Broe Companies, Inc., and Pat Broe (collectively, "Plaintiffs") and Defendant-Counterclaimant-Third Party Plaintiff Medmarc Casualty Insurance Company ("Defendant" or "Medmarc") to dismiss, with prejudice, their respective claims and counterclaims against each other. The Joint Motion was objected to by Third Party Defendants, DJ Orthopedics, LLC and DJO, LLC (collectively, "DJO"). Plaintiffs and Defendant request dismissal, with prejudice, of their claims and counter claims pursuant to a settlement agreement between them.

The Court has considered the arguments in support of the Joint Motion by Plaintiffs and Defendants, as well as the objections and arguments in opposition to the Joint Motion that have been submitted by DJO.

For the reasons set forth in the transcript of the proceedings held on February 12, 2013 (Doc. # 139), the Court rejects the objections of DJO and concludes that the claims and counterclaims between Plaintiffs and Defendant should be dismissed with prejudice.

Based on the foregoing, it is ORDERED that the Joint Motion to Dismiss (Doc. # 116) of Plaintiffs McKinley Medical, LLC, the Broe Companies, Inc., and Pat Broe and Defendant Medmarc Casualty Insurance Company is GRANTED. Plaintiffs' complaint against Medmarc, and Medmarc's counterclaims against Plaintiffs are dismissed with prejudice and without costs, fees or disbursements to either party.

BY THE COURT:

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CHRISTINE M. ARGUELLO

United States District Judge