Free Stipulation of Dismissal of Case - District Court of Colorado - Colorado

Case 1:03-cv-02669-MSK-PAC

Document 335-2

Filed 04/21/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. 03-cv-02669-MSK-PAC LEPRINO FOODS COMPANY, Plaintiff, v. BIG-D CONSTRUCTION CORP. - CALIFORNIA, a Utah corporation; BIG-D CONSTRUCTION CORP., a Utah corporation; BIG-D CORPORATION, a Utah corporation; BIG-D CAPITAL CORP., a Wyoming corporation; and Does 1-100, inclusive, Defendants/Counterclaimants, BIG-D CONSTRUCTION CORP. - CALIFORNIA, a Utah corporation; BIG-D CONSTRUCTION CORP., a Utah corporation; and Does 1-100, inclusive, Third Party Plaintiffs, v. MARELICH MECHANICAL CO., INC. dba UNIVERSITY MARELICH MECHANICAL, a California corporation, Third Party Defendant. MARELICH MECHANICAL CO., INC. dba UNIVERSITY MARELICH MECHANICAL, a California corporation, Third Party Plaintiff/Counterclaimant, v. BIG-D CONSTRUCTION CORP. - CALIFORNIA, a Utah corporation; FEDERAL INSURANCE COMPANY, an Indiana corporation; and Roes 20 through 80, inclusive, Counterdefendant/Third Party Defendants. ORDER TO DISMISS WITH PREJUDICE

Case 1:03-cv-02669-MSK-PAC

Document 335-2

Filed 04/21/2006

Page 2 of 2

THIS MATTER having come before the Court on the parties'Stipulated Joint Motion for Dismissal with Prejudice, and the Court being fully advised in the premises; IT IS, THEREFORE, ORDERED that the Stipulated Joint Motion for Dismissal with Prejudice be, and hereby is, GRANTED. Accordingly, this action and all claims that were or could have been asserted (whether denominated as primary claims, cross-claims, counterclaims or third party claims) are DISMISSED WITH PREJUDICE; IT IS FURTHER ORDERED that the parties shall bear their own attorneys fees and costs. ORDERED this _______ day of __________________, 2006.

United States District Court Judge

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