Opinion
Civil Action No. 11-cv-00165-REB-KMT
09-14-2012
JOHN WOLFE, individually and on behalf of all others similarly situated, MIKE MARNHOUT, individually and on behalf of all others similarly situated, and SHAZI IQBAL, individually and on behalf of all others similarly situated, Plaintiffs, v. ASPENBIO PHARMA, INC., a Colorado corporation, RICHARD G. DONNELLY, GREGORY PUSEY, JEFFREY G. McGONEGAL, MARK COLGIN, and ROBERT CASPARI, Defendants.
FINAL JUDGMENT
This Final Judgment is entered pursuant to Fed. R. Civ. P. 58(a) and in accordance with the Order Granting Motion To Dismiss [#51] entered by Judge Robert E. Blackburn on September 13, 2012, which order is incorporated herein by this reference.
THEREFORE, IT IS ORDERED as follows:
1. That Defendants' Combined Motions and Brief To Dismiss Plaintiffs' Amended Class Action Complaint [#39], filed October 7, 2011, is GRANTED;
2. That plaintiffs' claims against defendants are DISMISSED WITHOUT PREJUDICE for failure to state claims on which relief may be granted; and
3. That JUDGMENT IS ENTERED on behalf of defendants, AspenBio Pharma, Inc., a Colorado corporation; Richard G. Donnelly; Gregory Pusey; Jeffrey G. McGonegal; Mark Colgin; and Robert Caspari, against plaintiffs, John Wolfe, individually and on behalf of all others similarly situated; Mike Marnhout, individually and on behalf of all others similarly situated; and Shazi Iqbal, individually and on behalf of all others similarly situated, as to all claims and causes of action asserted herein; provided, however, that the JUDGMENT IS WITHOUT PREJUDICE.
DATED at Denver, Colorado, this 14th day of September, 2012.
FOR THE COURT:
Jeffrey P. Colwell, Clerk
By: ____________
Edward P. Butler
Deputy Clerk