Free Order on Motion to Dismiss Party - District Court of Colorado - Colorado

Case 1:03-cv-00923-REB-CBS

Document 266

Filed 08/14/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 03-cv-00923-REB-CBS SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. CAPITAL HOLDINGS, LLC, CAPITAL HOLDINGS INT., LLC, NORTH WEST GROUP, LLC, HERITAGE AMERICA, NORMAN E. SCHMIDT, GEORGE BEROS, TERRY LORENZEN, JEFFREY D. MITCHELL, JOHN J. SCHLABACH, MICHAEL D. SMITH, MICHAEL VALLONE, ROY R. CHAVERS, GARY N. HERBERT, GEORGE A. WEED, SMITTY'S INVESTMENTS, LLC, MONARCH CAPITAL HOLDINGS, LLC, and NATIONAL MARKETING SOLUTIONS, Defendants. and FAST TRACK, LLC., CAMBRIDGE VENTURES, LTD., CAMBRIDGE ENTERPRISES, LLC, REGENCY VENTURES, LTD., JANNICE McLAIN, SCOTT SCHMIDT, Defendants Solely for the Purpose of Equitable Relief.

ORDER OF DISMISSAL AS TO DEFENDANTS JANNICE McLAIN AND SCOTT SCHMIDT ONLY

Case 1:03-cv-00923-REB-CBS

Document 266

Filed 08/14/2007

Page 2 of 2

Blackburn, J. The matter comes before the court on the Plaintiff's Motion To Dismiss As To Relief Defendant Jannice McLain [#263], and Plaintiff's Motion To Dismiss As To Relief Defendant Scott Schmidt [#264], both filed August 13, 2007. After careful review of the motions and the file, the court has concluded that the motions should be granted and that relief defendants, Jannice McLain and Scott Schmidt, should be dismissed. THEREFORE, IT IS ORDERED as follows: 1. That Plaintiff's Motion To Dismiss As To Relief Defendant Jannice McLain [#263] filed August 13, 2007, IS GRANTED; 2. That Plaintiff's Motion To Dismiss As To Relief Defendant Scott Schmidt [#264] filed August 13, 2007, IS GRANTED; 3. That plaintiff's claims against relief defendants, Jannice McLain and Scott Schmidt, ARE DISMISSED; and 4. That relief defendants, Jannice McLain and Scott Schmidt, ARE DROPPED as named parties to this action, and the case caption IS AMENDED accordingly. Dated August 14, 2007, at Denver, Colorado. BY THE COURT: s/ Robert E. Blackburn Robert E. Blackburn United States District Judge

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