Free Order - District Court of Colorado - Colorado

Case 1:03-cv-02639-WYD-MEH

Document 88

Filed 12/21/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Wiley Y. Daniel Civil Action No. 03-cv-02639-WYD-OES DAVID R. PRICE, Plaintiff, v. WILSON SPORTING GOODS COMPANY, a Delaware Corporation; TARGET CORPORATION, a Minnesota corporation, Defendants. _____________________________________________________________________ ORDER _____________________________________________________________________ THIS MATTER is before the Court on the parties' Stipulation and Joint Motion to (1) Dismiss Plaintiff' Second through Fourth Claims for Relief; and (2) Preserve s Plaintiff' Ability to Present the Testimony of his Engineering Experts (#87), filed s December 20, 2005. Having reviewed the Stipulation and being otherwise fully advised, it is ORDERED that the parties' Stipulation and Joint Motion is GRANTED and shall bind the parties. It is FURTHER ORDERED that Plaintiff' Second, Third, and Fourth Claims for s Relief against Wilson Sporting Goods Company and Target Corporation are DISMISSED WITH PREJUDICE, each party to bear his or its own attorneys' fees and costs. It is FURTHER ORDERED that because the claims and causes of actions against

Case 1:03-cv-02639-WYD-MEH

Document 88

Filed 12/21/2005

Page 2 of 2

Target Corporation have been dismissed, Target Corporation is DISMISSED WITH PREJUDICE from this matter. It is FURTHER ORDERED that Plaintiff' First Claim for Relief for Strict Product s Liability against Defendant Wilson REMAINS at issue.

Dated: December 21, 2005 BY THE COURT:

s/ Wiley Y. Daniel Wiley Y. Daniel U. S. District Judge