Westport Insurance Corporation v. Duitch

Full title: WESTPORT INSURANCE CORPORATION, Plaintiff, v. ROBERT M. DUITCH, ROBERT M…

Court: United States District Court, D. Colorado

Date published: Sep 29, 2005

Civil Case No. 05-cv-01267-REB-OES (D. Colo. Sep. 29, 2005)

Opinion

Civil Case No. 05-cv-01267-REB-OES.

September 29, 2005

ORDER OF DISMISSAL

ROBERT BLACKBURN, District Judge

On September 28, 2005, the parties filed an Amended Stipulation for Dismissal Without Prejudice [#11]. After careful review of the amended stipulation and the file, the court has concluded that the amended stipulation should be approved and that plaintiff's claim against defendants Robert M. Duitch and Robert M. Duitch, PC, and the counterclaim of Robert M. Duitch and Robert M. Duitch, PC, against plaintiff Westport Insurance Corporation should be dismissed without prejudice.

THEREFORE, IT IS ORDERED as follows:

1. That the Amended Stipulation for Dismissal Without Prejudice [#11], filed on September 28, 2005, is APPROVED;

2. That plaintiff's claim against defendants, Robert M. Duitch and Robert M. Duitch, PC, and the counterclaim of Robert M. Duitch and Robert M. Duitch, PC against plaintiff, Westport Insurance Corporation, are DISMISSED WITHOUT PREJUDICE; and

3. That each party shall pay its own attorney fees and costs; and

4. That Robert M. Duitch and Robert M. Duitch, PC, ARE DROPPED as parties to this action, and the case caption is amended accordingly.