Opinion
Civil Case No. 11-cv-022848-REB-KLM
02-13-2012
GRANT YONEHIRO, Plaintiff, v. KIKU CORPORATION d/b/a KOKORO, and MAS TORITO, in all capacities, Defendants.
Judge Robert E. Blackburn
AMENDED
ORDER OF DISMISSAL REGARDING
PLAINTIFF'S SECOND CLAIM FOR RELIEF AGAINST
DEFENDANT, MAS TORITO, ONLY
Blackburn, J.
The matter is before me sua sponte. On February 10, 2012, the court entered its Order of Dismissal as To Defendant, Mas Torito, Only [#25]. However, on review, the Stipulation of Partial Dismissal of Defendant Mas Torito With Prejudice [#24] filed February 10, 2012, sought only dismissal of plaintiff's second claim of relief against defendant, Mas Torito. Thus, only plaintiff's second claim for relief alleging violations of §24-34-402.5 - Colorado's Outside Lawful Activity Statute, as pled in the Amended Complaint against defendant, Mas Torito, should be dismissed with prejudice. Thus, the order dismissing defendant, Mas Torito should be vacated. I enter this amended order to grant the limited relief requested in the stipulation.
"[#25]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's electronic case filing and management system (CM/ECF). I use this convention throughout this order.
THEREFORE, IT IS ORDERED as follows:
1. That the Order of Dismissal as To Defendant, Mas Torito, Only [#25] entered February 10, 2012, is VACATED;
2. That plaintiff's second claim for relief alleging violations of §24-34-402.5 -Colorado's Outside Lawful Activity Statute, as pled in the Amended Complaint, is DISMISSED WITH PREJUDICE as to defendant, Mas Torito, with each of the affected parties to pay its own attorney fees and costs; and
3. That defendant, Mas Torito, is JOINED and REINSTATED as a defendant in this matter, and the case caption is amended accordingly.
Dated February 13, 2012, at Denver, Colorado.
BY THE COURT:
Robert E. Blackbum
United States District Judge