Natural Wealth Real Estate, Inc. v. Cohen

Full title: NATURAL WEALTH REAL ESTATE, INC., a/k/a Greenberg Associates, Inc., d/b/a…

Court: United States District Court, D. Colorado

Date published: Jun 2, 2008

Civil Case No. 05-cv-01233-LTB (D. Colo. Jun. 2, 2008)

Opinion

Civil Case No. 05-cv-01233-LTB.

June 2, 2008

ORDER

LEWIS BABCOCK, Chief District Judge

This matter is before me on Plaintiffs' Motion to Dismiss Certain Remaining Claims Pursuant to FED. R. CIV. P. 41(a)(2) [Docket # 194] and Defendant Leonard Cohen's Response [Docket # 203]. This Court previously dismissed Plaintiffs' Third Claim for Relief (Interference with Prospective Business Advantage) (Against Cohen), Fifth Claim for Relief (Civil Extortion) (Against Cohen and John Doe Nos. 1-25), Sixth Claim for Relief (Civil Conspiracy) (Against Cohen and John Doe Nos. 1-25), and Seventh Claim for Relief (Colorado Organized Crime Control Act) (Against Cohen and John Doe Nos. 1-25) on December 12, 2006 [Docket # 131].

Defendant Cohen consents to granting the present motion. After reviewing the motion, the papers, and the case file, I conclude that dismissal with prejudice is appropriate in this case. Accordingly, Plaintiffs' Motion to Dismiss Certain Remaining Claims Pursuant to FED. R. CIV. P. 41(a)(2) [Docket # 194] is GRANTED as follows:

1. Plaintiffs' First Claim for Relief (Defamation) (Against Cohen) is DISMISSED WITH PREJUDICE. Each party shall bear its own attorney fees and costs incurred with respect to this claim;

2. Plaintiffs' Second Claim for Relief (Commercial Disparagement) (Against Cohen) is DISMISSED WITH PREJUDICE. Each party shall bear its own attorney fees and costs incurred with respect to this claim;

3. Plaintiffs' Fourth Claim for Relief (Quantum Meruit/Unjust Enrichment) (Against Cohen) is DISMISSED WITH PREJUDICE. Each party shall bear its own attorney fees and costs incurred with respect to this claim;

4. Plaintiffs' Eighth Claim for Relief (Injunction) (Against Cohen) is DISMISSED WITH PREJUDICE. Each party shall bear its own attorney fees and costs incurred with respect to this claim;

5. Plaintiffs' Ninth Claim for Relief (Declaratory Judgment) (Against Cohen and Lynch) is DISMISSED WITH PREJUDICE. Each party shall bear its own attorney fees and costs incurred with respect to this claim;

6. Cohen shall have up to and including June 20, 2008, to file a Reply to Plaintiffs' Response to Cohen's Motion for Summary Judgment [Docket # 196] as to Plaintiffs' Tenth Claim for Relief (Interpleader) (Against Cohen and Lynch).