Free Motion to Dismiss - District Court of Colorado - Colorado

Case 1:04-cv-01062-ZLW-BNB

Document 141

Filed 03/15/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-1062-ZLW-BNB THE QUIZNO'S MASTER LLC and THE QUIZNO'S FRANCHISE COMPANY LLC, Plaintiffs, v. R&B MANAGEMENT GROUP, LLC, an Alabama limited liability company, ROYCE GWIN, an individual, and REBECCA GWIN, an individual Defendants.

JOINT MOTION TO DISMISS ACTION WITH PREJUDICE

Plaintiffs The Quizno's Master LLC and The Quizno's Franchise Company LLC ("Quizno's") and Defendants R&B Management Group, LLC, Royce Gwin and Rebecca Gwin ("R&B") by and through their respective counsel, hereby move this Court to dismiss the within action with prejudice, each party to bear its own attorney's fees and costs as follows: 1. 22, 2006. 2. That Settlement Agreement has now been memorialized in writing as of February The parties entered into an oral Settlement Agreement in open court on February

28, 2006 and, further, consideration due Defendants from Plaintiffs has been paid. 3. The parties jointly request that the Court dismiss this entire action as to all claims

and counterclaims with prejudice, each party to bear its own reasonable attorney's fees and costs.

Case 1:04-cv-01062-ZLW-BNB

Document 141

Filed 03/15/2006

Page 2 of 3

Respectfully submitted this 15th day of March, 2005. s/ Eldon E. Silverman___________________ Eldon E. Silverman Attorney for Defendants Preeo Silverman Green and Engle 1401 17th Street, Suite 800 Denver, CO 80202 Telephone: 303-296-4440 Facsimile: 303-296-3330 Email: [email protected] s/ Leonard H. MacPhee _________________ Leonard H. MacPhee Attorney for Plaintiffs Perkins Coie LLP 1899 Wynkoop Street, Suite 700 Denver, CO 80202 Telephone: (303) 291-2300 Facsimile: (303) 291-2400 Email: [email protected] and Fredric A. Cohen DLA Piper Rudnick Gray Cary 203 North LaSalle Street, Suite 1800 Chicago, IL 60601 (312) 368-4000

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Case 1:04-cv-01062-ZLW-BNB

Document 141

Filed 03/15/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on the 15th day of March, 2006 I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following email addresses: Leonard M. MacPhee [email protected] Gilbert R. Egle [email protected] [email protected] and hereby certify that I have mailed the foregoing to the following non CM/ECF participant via U.S. Mail, postage prepaid: J.E. Sawyer, Jr. Attorney at Law 203 South Edwards Street Enterprise, AL 36330

s/ Eldon E. Silverman Eldon E. Silverman Attorney for Defendants Preeo Silverman Green & Egle, P.C. 1401 Seventeenth Street, Suite 800 Denver, CO 80202 Telephone: (303) 296-4440 Facsimile: (303) 296-3330 Email: [email protected]