Free Motion to Dismiss - District Court of Colorado - Colorado

Case 1:04-cv-01124-JLK-MEH

Document 119

Filed 10/12/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. O4-cv-01124-JLK-MEH LINDA FORGACS, MONICA JONES, DANIEL LINK, GRACE MORENO AND PAM ROGGE, Plaintiffs, V. EYE CARE CENTER OF NORTHERN COLORADO; WILLIAM L. BENEDICT, M.D.; JOEL S. MEYERS, M.D.; MORRIS TILDEN, M.D.; IRENE OLIJNYK, M.D.; and JAY R. HOLMS, Defendants. _____________________________________________________________________ MOTION TO DISMISS PLAINTIFFS JONES, LINK, MORENO AND ROGGE AS PLAINTIFFS IN THIS MATTER WITH PREJUDICE _____________________________________________________________________ COME NOW Plaintiffs, Monica Jones, Daniel Link, Grace Moreno and Pam Rogge, through counsel, and respectfully move for dismissal of their claims against Defendants with prejudice with each side paying its own attorney's fees and costs. As grounds for the motion, the above listed plaintiffs state as follows: 1. 2. All claims involving these plaintiffs have been settled. Settlement agreements have been executed and transmitted to counsel for

the Defendants. 3. Counsel for the parties have discussed, pursuant to local Rule 7.1, the filing of

a stipulated motion to dismiss, and order, but were unable to agree on the wording of either document. Plaintiff's proposed order is attached. WHEREFORE, the above plaintiffs respectfully request that their claims against Defendants be dismissed with prejudice with each party paying the own attorney's fees and costs.

Case 1:04-cv-01124-JLK-MEH

Document 119

Filed 10/12/2006

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Respectfully submitted this 12th day of October 2006,

s/George C. Price George C. Price Attorney for Plaintiffs 900 Logan Street Denver, CO 80203 Telephone:(303)861-5500 [email protected]

CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on October 12, 2006 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 e-mail address: John R. Paddock, Jr. Pryor Johnson Carney Karr Nixon, P.C. 5619 DTC Parkway, Suite 1200 Greenwood Village, CO 80111-3061 [email protected]

s/George C. Price George C. Price Attorney for Plaintiffs 900 Logan Street Denver, CO 80203 Telephone:(303)861-5500 Facsimile: (303) 484-2421 [email protected]

Case 1:04-cv-01124-JLK-MEH

Document 119

Filed 10/12/2006

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