Free Motion to Dismiss - District Court of Colorado - Colorado

Case 1:04-cv-01214-PSF-OES

Document 71

Filed 11/29/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04cv01214-PSF-OES KATHLEEN M. TOWERS, Plaintiff, vs. SAFEWAY INC., Defendant. JOINT UNOPPOSED MOTION FOR DISMISSAL WITH PREJUDICE Plaintiff Kathleen M. Towers and Defendant Safeway Inc., by their respective counsel, jointly move for dismissal with prejudice as follows: 1. That the complaint and action with respect to Civil Action No.

04cv01214-PSF-OES is dismissed with prejudice pursuant to Fed.R.Civ.P., Rule 41(a)(1). 2. That the parties will bear their own costs and attorneys' fees respectively

in connection with this action. 3. The terms of the Agreement pursuant to which this Motion is being filed

are to be kept strictly confidential by Plaintiff and any disclosure of such terms except to her immediate family, her attorneys, her tax advisors or as may be required by law may constitute contempt of Court for which the Court may enter such sanctions as are appropriate. As a further exception to this confidentiality provision, Plaintiff may

Case 1:04-cv-01214-PSF-OES

Document 71

Filed 11/29/2005

Page 2 of 2

disclose any aspect of the tax treatment and tax structure of this settlement to any third party. 4. A proposed Order is attached.

Dated this 29 th day of November 2005 APPROVED: s/ Robert J. Truhlar___________________ Robert J. Truhlar Doris B. Truhlar TRUHLAR AND TRUHLAR, L.L.P. 7340 Caley Street, Suite 310 Centennial, CO 80111 Telephone: (303) 794-2404 Fax: (303) 794-1142 e-mail: [email protected] s/ Emily Hobbs-Wright________________ Jim Goh Emily Hobbs-Wright HOLLAND & HART LLP 555 Seventeenth Street, Suite 3200 Denver, CO 80202 Telephone: (303) 295-8000 Fax: (303) 295-8261 e-mail: [email protected] [email protected] ATTORNEYS FOR DEFENDANT

ATTORNEYS FOR PLAINTIFF