Free Order on Motion to Dismiss - District Court of Colorado - Colorado

Case 1:01-cv-00083-REB-CBS

Document 336

Filed 09/28/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 01-cv-00083-REB-CBS STOCKMAN' WATER COMPANY, LLC, a Colorado limited liability company, and S GARY BOYCE, an individual domiciled in Colorado, Plaintiffs, v. PETER HORNICK, an individual domiciled in New York, Defendant. _______________________________________________________________________ ORDER OF DISMISSAL OF PLAINTIFFS'CLAIM FOR BREACH OF CONTRACT WITHOUT PREJUDICE _______________________________________________________________________ Blackburn J. 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

Case 1:01-cv-00083-REB-CBS

Document 336

Filed 09/28/2005

Page 2 of 2

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. Dated: September 28, 2005, at Denver, Colorado. BY THE COURT: s/ Robert E. Blackburn Robert E. Blackburn United States District Judge

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