Filed: Jul. 10, 2013
Latest Update: Jul. 10, 2013
Summary: ORDER WILEY Y. DANIEL, Senior District Judge. This matter is before the Court upon the "Notice of Settlement and Stipulated Motion to Dismiss Civil Action No. 12-cv-01101-WJD-MJW [sic] With Prejudice" filed on July 9, 2013. While the Notice and Stipulated Motion refer in the title to Case No. 12-cv-01101, it makes clear in the body of the document that the parties have settled and agree to dismiss Case No. 12-cv-01103. It appears that the parties have not settled the consolidated case, Case No
Summary: ORDER WILEY Y. DANIEL, Senior District Judge. This matter is before the Court upon the "Notice of Settlement and Stipulated Motion to Dismiss Civil Action No. 12-cv-01101-WJD-MJW [sic] With Prejudice" filed on July 9, 2013. While the Notice and Stipulated Motion refer in the title to Case No. 12-cv-01101, it makes clear in the body of the document that the parties have settled and agree to dismiss Case No. 12-cv-01103. It appears that the parties have not settled the consolidated case, Case No...
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ORDER
WILEY Y. DANIEL, Senior District Judge.
This matter is before the Court upon the "Notice of Settlement and Stipulated Motion to Dismiss Civil Action No. 12-cv-01101-WJD-MJW [sic] With Prejudice" filed on July 9, 2013. While the Notice and Stipulated Motion refer in the title to Case No. 12-cv-01101, it makes clear in the body of the document that the parties have settled and agree to dismiss Case No. 12-cv-01103. It appears that the parties have not settled the consolidated case, Case No. 12-cv-01107. Having reviewed the Notice and Stipulated Motion and being fully advised in the premises, it is
ORDERED that the Stipulated Motion to Dismiss (ECF No. 120) is GRANTED. Civil Action No. 12-cv-01103-WYD-MJW, involving claims by Plaintiff Virgilius and Lynda Lips, is DISMISSED WITH PREJUDICE, each party to bear his, her or its own costs and fees. The case is thus no longer consolidated with 12-cv-01107-WYD-MJW, and shall be taken off the caption. It is
FURTHER ORDERED that all future filings shall be made in 12-cv-01107-WYD-MJW. It is
FURTHER ORDERED that Defendants Anderson, Madrigal, Croushore and Pollack's Motion for Summary Judgment Against Lynda and Virgilius Lips (ECF No. 104) is DENIED AS MOOT. It is
FURTHER ORDERED that the Stipulated Motion to Withdraw Confidential Exhibits filed on June 3, 2013 (ECF No. 102) is GRANTED. Exhibits E and F to Plaintiffs' Motion for Reconsideration (ECF Nos. 99-5 and 99-6) shall be withdrawn and replaced with Exhibits E and F that are attached to the motion. Finally, it is
ORDERED that Defendants' Motion to Dismiss Plaintiffs' Consolidated First Amended Complaint Pursuant to Fed.R.Civ.P. 12(b)(6) (ECF No. 61) is DENIED WITHOUT PREJUDICE. The motion is partially moot as it seeks dismissal of claims in both cases and incorporates by reference portions of Arapahoe Defendants' Motion to Dismiss which has been denied as moot. Defendants may if they wish file a new motion to dismiss in Case No. 12-cv-01107-WYD-MJW that takes into account the current status of the case and tailors the motion to the remaining claims.
