Free Motion to Dismiss - District Court of Colorado - Colorado

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

Document 335-2

Filed 09/28/2005

Page 1 of 1

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

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), and being fully advised in the premises: HEREBY ORDERS that Plaintiffs' Claim for Breach of Contract is hereby dismissed, without prejudice. In addition, 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). 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 ___, 2005 BY THE COURT: ___________________________________ District Judge Robert E. Blackburn