Curtis v. Brown

1:07-cv-00656 | D. Colo. | Sep 16, 2008

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO Civil Action No. 07-cv-00656-LTB-KMT CHUCK CURTIS, et. al,

Plaintiffs, v. RICHARD BROWN, et. al.,

Defendants. ______________________________________________________________________ ORDER APPROVING OF SETTLEMENT AND DISMISSING CASE WITH PREJUDICE ______________________________________________________________________ This matter comes before the Court on the parties’ Joint Motion For Approval of Settlement and for Dismissal, and the Court, having reviewed the motion and being fully advised, makes the following findings:

1. The case is a derivative action brought by members of Defendant Vail 21 Condominium Association, Inc. (“Association”) and cannot be settled, voluntarily dismissed or compromised without the Court’s approval;

2. The parties reached a comprehensive agreement to settle their disputes which is documented in a written Settlement Agreement submitted to the Court with associated exhibits. The agreement is fair to the Association and its members; and

3. On September 4, 2008, all of the members of the Association were provided with copies of the Settlement Agreement and the revised condominium map and declarations. More than two-thirds of the Association’s membership interests have subsequently approved the settlement. For this reason, no further notice the Association’s members is necessary to comply with Fed. R. Civ. P. 23.1(c).

The Court therefore ORDERS that the settlement is approved and this case is dismissed with prejudice. Dated: September 16, 2008

BY THE COURT

s/Lewis T. Babcock Judge

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