Free Motion to Dismiss - District Court of Colorado - Colorado

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

Document 335

Filed 09/28/2005

Page 1 of 3

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.

STIPULATED MOTION FOR DISMISSAL OF PLAINTIFFS' CLAIM FOR BREACH OF CONTRACT WITHOUT PREJUDICE UNDER FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1) and (c)

Plaintiffs, Stockman's Water Company ("Stockman's") and Gary Boyce ( "Boyce"), through their counsel, Hale Friesen, LLP, and Defendant, Peter Hornick, through his counsel, Robert J. Bruce, Esq., hereby file this Stipulated Motion for Dismissal Of Plaintiffs' Claim For Breach of Contract Without Prejudice Under Federal Rule of Civil Procedure 41(a)(1) and (c). The Parties also stipulate 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 the Court's Order on this Stipulation), and that neither party shall raise a statute of limitations defense to any breach of contract claim in any pending action. In addition, the Parties stipulate that the Court's Order on this Stipulation shall constitute a final judgment, pursuant to Fed.R.Civ.P. 54, for purposes of any appeal arising from this matter.

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

Document 335

Filed 09/28/2005

Page 2 of 3

Pursuant to Federal Rule of Civil Procedure 41(a)(1) and (c), and by the Parties' stipulation of dismissal, the parties respectfully request that this Court enter an Order of Dismissal of Plaintiffs' Claim for Breach of Contract without prejudice. The parties have attached to this Motion a Proposed Order of Dismissal for the Court's convenience. Respectfully submitted this 28th day of September, 2005.

By: s/

Allan L. Hale Allan L. Hale John G. Lubitz Robert T. Hoban Hale Friesen, LLP 1430 Wynkoop Street, Ste. 300 Denver, Colorado 80202 Telephone: (720) 904-6000 Attorneys for Defendants

By: s/

Robert J. Bruce Robert J. Bruce Lawlis & Bruce, LLC 1875 Lawrence Street, Ste. 750 Denver, Colorado 80202 Telephone: (303) 573-5498 Attorney for Plaintiff

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

Document 335

Filed 09/28/2005

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on September28th, 2005, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following email addresses:

Robert J. Bruce, Esq. at [email protected]

Allan L. Hale s/ Allan L. Hale John G. Lubitz Robert T. Hoban Hale Friesen, LLP 1430 Wynkoop Street, Suite 300 Denver, Colorado 80202 (720) 904-6000 (720) 904-6006 [email protected] [email protected] [email protected]

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