Free Motion to Dismiss - District Court of Colorado - Colorado

Case 1:01-cv-01635-EWN-OES

Document 43

Filed 08/26/2005

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UNITED STATES DISTRICT COURT DISTRICT OF COLORADO Civil Action No. 01-cv-1635-EWN-OES U.S. BANK NATIONAL ASSOCIATION, Plaintiff, vs. SGB CORPORATION d/b/a WESTAMERICA MORTGAGE CO.; RICHARD P. GEORGE; ROBERT J. SANTOSTEFANO; and LAURENCE J. BRYAR, Defendants.

JOINT MOTION TO DISMISS WITH PREJUDICE

Pursuant to F.R.C.P. 41(a) and the terms of the Stipulation of Settlement previously filed in this action, Plaintiff, U.S. Bank National Association, and Defendants SGB Corporation d/b/a WestAmerca Mortgage, Co., Richard P. George, Robert J. Santostefano, and Lawrence J. Bryar, by and through their counsel, hereby move this Court to dismiss with prejudice all claims and counterclaims that were asserted in this action, each party to bear its own costs and attorneys' fees. As grounds for this motion, Plaintiff and Defendants state that this motion is being filed pursuant to paragraph 7 of the parties' Stipulation of Settlement. For the Court's convenience, a form of Order granting this Motion has been submitted with this Motion. Dated this 26th day of August, 2005.

By: /s/F. Stephen Collins F. Stephen Collins Ducker, Montgomery, Aronstein & Bess, P.C. 1560 Broadway, Suite 1400 Denver, CO 80202 Telephone: 303-861-2828 Facsimile: 303-861-4017 E-mail: [email protected] Counsel for Defendants

Case 1:01-cv-01635-EWN-OES

Document 43

Filed 08/26/2005

Page 2 of 2

By: /s/Tucker K. Trautman Tucker K. Trautman Dorsey & Whitney LLP 370 17th Street, Suite 4700 Denver, CO 80202-5647 Telephone: 303-629-3409 Facsimile: 303-629-3450 E-mail: [email protected] Counsel for Plaintiff

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