Stockman's Water Company, LLC v. Hornick

Full title: STOCKMAN'S WATER COMPANY, LLC, a Colorado limited liability company, and…

Court: United States District Court, D. Colorado

Date published: Sep 28, 2005

Civil Action No. 01-cv-00083-REB-CBS (D. Colo. Sep. 28, 2005)

Opinion

Civil Action No. 01-cv-00083-REB-CBS.

September 28, 2005

ORDER OF DISMISSAL OF PLAINTIFFS' CLAIM FOR BREACH OF CONTRACT WITHOUT PREJUDICE

ROBERT BLACKBURN, District Judge

THE COURT, having reviewed the Parties' Stipulated Motion for Dismissal Of Plaintiffs' Claim For Breach of Contract Without Prejudice Under Federal Rule of Civil Procedure 41(a)(1) and (c), ORDERS as follows:

1. That Plaintiffs' Claim for Breach of Contract is hereby dismissed, without prejudice;

2. That the statute of limitations for the subject breach of contract claim is tolled during the pendency of this action (i.e., since January 16, 2001 through the date of this Order);

3. That trial to the court set to commence October 11, 2005, is vacated;

4. That any pending pretrial motion is denied as moot; and

5. That the judgment entered pursuant to this Order shall constitute a final judgment, pursuant to Fed.R.Civ.P. 54, for purposes of any appeal arising in this action.