D.R. Horton, Inc. Denver et al v. Travelers Indemnity Company of America, The et al
Filing
413
ORDER granting 412 the Unopposed Stipulated Motion for Dismissal with Prejudice of Various Claims, Cross Claims, and Counterclaims Between and Among Plaintiffs, the Travelers Defendants, and Third-Party Defendant The Cooler Company, by Judge William J. Martinez on 3/7/2013.(ervsl, )
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 10-cv-02826-WJM-KMT
D.R. HORTON, INC.-DENVER d/b/a TRIMARK COMMUNITIES, a Delaware
corporation, and
D.R. HORTON, INC., a Delaware corporation,
Plaintiffs,
v.
THE TRAVELERS INDEMNITY COMPANY OF AMERICA, a Connecticut corporation,
TRAVELERS INDEMNITY COMPANY, a Connecticut corporation,
ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a Minnesota corporation, and
CHARTER OAK FIRE INSURANCE COMPANY, a Connecticut corporation,
Defendants/Third-Party Plaintiffs,
v.
AAA WATERPROOFING, INC., a Colorado Corporation,
ARK CONSTRUCTION SERVICES, INC., a dissolved Colorado Corporation,
CONCRETE MANAGEMENT CORPORATION, a Colorado Corporation,
COURMEG LANDSCAPING DESIGN, LLC, a Colorado Limited Liability Company,
D.A.S.H. CONCRETE, INC., a Colorado Corporation,
DOVE CREEK ENTERPRISES, INC., a Colorado Corporation,
FOSTER FRAMES, INC., a Colorado Corporation,
J & K PIPELINE, INC., a Colorado Corporation,
JORGE ROMERO, d/b/a SPECIALIST PAINT,
LEVEL MASONRY, INC., a dissolved Colorado Corporation,
MID-CENTURY INSURANCE, a California Corporation,
PROTO CONSTRUCTION AND PAVING, INC., a Colorado Corporation,
R.G. INSULATION CO., INC., is a trade name of G.H. & W, Incorporated, a Missouri
Corporation,
TIG INSURANCE, a California Corporation,
THE COOLER COMPANY, a Colorado Corporation, and
ZURICH SPECIALTIES LONDON, LTD., a non-incorporated re-insurer,
Third-Party Defendants.
ORDER GRANTING UNOPPOSED MOTION FOR VOLUNTARY DISMISSAL WITH
PREJUDICE OF VARIOUS CLAIMS, CROSS CLAIMS, AND COUNTERCLAIMS
BETWEEN AND AMOUNT PLAINTIFFS, THE TRAVELERS DEFENDANTS, AND
THIRD-PARTY DEFENDANT THE COOLER COMPANY
This matter is before the Court on the Unopposed Stipulated Motion for Dismissal
with Prejudice of Various Claims, Cross Claims, and Counterclaims Between and
Among Plaintiffs, the Travelers Defendants, and Third-Party Defendant The Cooler
Company (ECF No. 412) (the “Motion”). Having reviewed the pleadings and the Court’s
file, and being otherwise fully advised in the premises, the Court hereby ORDERS as
follows:
1.
The Unopposed Stipulated Motion (ECF No. 412) is GRANTED.
2.
All claims, counterclaims, or cross claims asserted by Plaintiffs D.R.
Horton, Inc. - Denver d/b/a Trimark Communities and D.R. Horton, Inc.
(collectively "Plaintiffs") against Defendants The Travelers Indemnity
Company of America, The Travelers Indemnity Company, St. Paul Fire
and Marine Insurance Company, and The Charter Oak Fire Insurance
Company (collectively, the “Travelers Defendants”) or Third-Party
Defendant The Cooler Company (“Cooler”) are hereby dismissed with
prejudice, each party to bear its own attorneys’ fees and costs incurred in
connection with the same.
3.
All claims, counterclaims, or cross claims asserted by the Travelers
Defendants against Plaintiffs or Cooler are hereby dismissed with
prejudice, each party to bear its own attorneys’ fees and costs incurred in
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connection with the same.
4.
All claims, counterclaims, or cross claims asserted by Cooler against
Plaintiffs or the Travelers Defendants are hereby DISMISSED WITH
PREJUDICE, each party to bear its own attorneys’ fees and costs incurred
in connection with the same.
5.
The dismissals with prejudice provided for herein shall not affect the
Travelers Defendants’ ability to pursue their remaining third-party claims
against Third-Party Defendants other than Cooler.
6.
This Order, together with prior Orders entered by the Court, results in the
complete dismissal of all claims, brought by any party, by or against
Plaintiffs and Cooler. As such, the Clerk of the Court is DIRECTED to
modify the caption to remove Plaintiffs and Cooler. The Court instructs the
Clerk to terminate Plaintiffs and Cooler as parties to this action on the ECF
filing system. Finally, Plaintiffs, Cooler, and their respective counsel may
be removed from service for all future pleadings filed in this action, except
that counsel for Cooler remain in the ECF system and shall continue to
receive service in their role as counsel for Third-Party Defendant Ark
Construction Services, Inc.
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Dated this 7th day of March, 2013.
BY THE COURT:
__________________________
William J. Martínez
United States District Judge
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