Mosch et al v. Henry et al, No. 1:2011cv02438 - Document 153 (D. Colo. 2013)
Court Description: FINAL JUDGMENT by Clerk re: 152 Order. By Clerk on 2/6/13. (mnfsl, )
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Mosch et al v. Henry et al Doc. 153 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 11-cv-02438-PAB-BNB ALVIN MOSCH, PATRICIA C. MOSCH, and DAVID K. MOSCH, each individually and d/b/a Mosch Mining Company, Plaintiffs, v. JOHN HENRY, a/k/a John T. Henry a/k/a John L. Henry, UNITED STATES REAL ESTATE CORPORATION, and any one claiming by of through any of the named persons, Defendants. FINAL JUDGMENT In accordance with the orders filed during the pendency of this case, and pursuant to Fed. R. Civ. P. 58(a), the following Final Judgment is hereby entered. Pursuant to the Order (Docket No. 152) of Judge Philip A. Brimmer entered on January 28, 2013 it is ORDERED that the Recommendation of United States Magistrate Judge Boyd N. Boland entered on November 6, 2012 is ACCEPTED and AFFIRMED. It is FURTHER ORDERED that the documents recorded by Mr. Henry and bearing Reception Nos. 234546, 234547, 234548, 235276, 248446, 258531, and 260614 (Plaintiffs’ Exhibits 1.1 through 1.7) are declared spurious under section 38-35-201(3), C.R.S., are held invalid, and are released pursuant to section 38-35-204(2), C.R.S. It is Dockets.Justia.com FURTHER ORDERED that Plaintiffs’ request for a permanent injunction is DENIED. It is FURTHER ORDERED that Plaintiffs are AWARDED reasonable attorney fees upon motion pursuant to D.C.COLO.LCivR 54.3. It is FURTHER ORDERED that Plaintiffs are AWARDED costs, to be taxed by the Clerk of the Court pursuant to Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1 Dated at Denver, Colorado this 6th day of February, 2012. FOR THE COURT: JEFFREY P. COLWELL, CLERK By: s/Edward P. Butler Edward P. Butler Deputy Clerk
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