Opinion
Case No. 2:03cv00711 DS.
June 28, 2004
Bentley J. Tolk James L. Ahlstrom PARR WADDOUPS BROWN GEE LOVELESS, Salt Lake City, Utah, Attorneys for Defendant A Plus Benefits, Inc.
Brian S. King, Esq. Attorney for Plaintiffs.
HOWARD, LEWIS PETERSEN, P.C.D. David Lambert, Esq. Attorneys for Defendant Everest Administrators.
ORDER
At a hearing on May 25, 2004, the Court considered A Plus's Motion to Dismiss and Everest Administrators' Motion to Dismiss (collectively, the "Motions"). Plaintiffs were represented by their counsel of record, Brian S. King, defendant A Plus Benefits, Inc. was represented by its counsel of record, Bentley J. Tolk, and defendant Everest Administrators was represented by its counsel of record, D. David Lambert.
Having reviewed the Motions and supporting and opposing Memoranda filed by the parties in interest herein, having reviewed the related April 14, 2004 letter from Brian S. King to Judge David Sam (along with the case attached thereto), the related April 19, 2004 letter from David Lambert to the Honorable David Sam, and the related April 29, 2004 letter from Bentley J. Tolk to the Honorable Judge David Sam, having considered the arguments of counsel, being fully informed in the premises, and good cause appearing,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that
1. The Motions are GRANTED, for the reasons set forth in the Motions and their supporting Memoranda; and
2. This action (and each and every cause of action contained therein) is dismissed with prejudice, each party to bear its/his/her own attorneys' fees and costs.