Crossroads Commercial Center, Ltd., LLLP v. Kraft - Document 20

Court Description:

ORDER Dismissing Certain Claims with Prejudice, signed by Jefferson County District Court Judge, Tamara S. Russell, on 7/27/11. (lyg, )

SO ORDERED The moving party is hereby ORDERED to provide a copy of this Order to any pro se parties who have entered an appearance in this action within 10 days from the date of this order. ___________________________ Tamara S. Russell Jefferson District Court Judge DATE OF ORDER INDICATED ON ATTACHMENT District Court, County of Jefferson, State of Colorado Court Address: 100 Jefferson County Parkway, Golden, CO Court Telephone: 303-271-6145 EFILED Document CO Jefferson County District Court 1st JD Filing Date: Jul 27 2011 4:17PM MDT 80401 Filing ID: 38946207 Review Clerk: Luz R Plaintiff:CROSSROADS COMMERCIAL CENTER, LTD., LLLP, a Colorado limited liability limited partnership, v. Defendant:GAROLD B. KRAFT (d.b.a. EXOTIC MOTORS), an individual; and Plaintiff:BANK OF CHOICE, a Colorado corporation, v. Defendants: CROSSROADS COMMERCIAL CENTER, LTD., LLLP, a Colorado limited liability limited partnership, and RANDOLPH CURRIER, an individual, v. Third-Party Defendants:GOLDEN APPRAISAL SERVICES, LLC, a Colorado limited liability company, GAROLD B. KRAFT, an individual, VAL SIMONE, an individual, and ERIC TUERS, an individual. ▲COURT USE ONLY▲ Case No: 2010 CV 4988 Division: 4 ORDER DISMISSING CERTAIN CLAIMS WITH PREJDUICE THE COURT, having reviewed that Stipulated Motion to Dismiss Certain Claims With Prejudice filed jointly by Bank of Choice, Crossroads Commercial Center, Ltd., LLLP, and Randolph Currier, having reviewed any responses thereto, and being otherwise fully advised, HEREBY GRANTS THE MOTION. IT IS THERFORE ORDERED that the following claims asserted in the present action are DISMISSED WITH PREJUDICE: A. Bank of Choice’s First Claim for Relief (Money owed on the Note: Crossroads); B. Bank of Choice’s Second Claim for Relief (Money owed on the Guaranty: Currier); C. Bank of Choice’s Fourth Claim for Relief (Unjust Enrichment); D. Crossroads’ and Currier’s First Amended Counterclaim Misrepresentation) as to Bank of Choice and Eric Tuers only; E. Crossroads’ and Currier’s Second Amended Counterclaim (Deceit by Concealment) as to Bank of Choice and Eric Tuers only; (Deceit by F. Crossroads’ and Currier’s Third Amended Counterclaim (Civil Conspiracy) as to Bank of Choice and Eric Tuers only; G. Crossroads’ and Currier’s Fourth Amended Counterclaim Misrepresentation) as to Bank of Choice and Eric Tuers only; H. Crossroads’ and Currier’s Sixth Amended Counterclaim (Breach of Contract) as to Bank of Choice only; I. Crossroads’ and Currier’s Seventh Amended Counterclaim (Consumer Protection) in its entirety; J. Crossroads’ and Currier’s Eighth Amended Counterclaim (COCCA) in its entirety; and K. Crossroads’ and Currier’s Ninth Amended Counterclaim (RICO) in its entirety. (Negligent IT IS FURTHER ORDERED that Bank of Choice, Eric Tuers, Crossroads Commercial Center, Ltd., LLLP and Randolph Currier shall be responsible for their respective attorneys’ fees and costs incurred with regard prosecuting and/or defending against the foregoing claims. Dated:____________ BY THE COURT: _______________________________ District Court Judge Order Dismissing Certain Claims With Prejudice Page 2 of 2 Court: CO Jefferson County District Court 1st JD Judge: Tamara Russell Alternate Judge: Unassigned File & Serve Transaction ID: 38849429 Current Date: Jul 27, 2011 Case Number: 2010CV4988 Case Name: CROSSROADS COMMERCIAL CENTER LTD vs. KRAFT, GAROLD B et al Court Authorizer: Tamara Russell /s/ Judge Tamara Russell