WESTERN SURETY COMPANY v. SUPERIOR CONSTRUCTION CORP

DAVID KEESLER, Magistrate Judge

THIS MATTER IS BEFORE THE COURT on the "Motion for Summary Judgment" (Document No. 30) filed by Western Surety Company ("Plaintiff"). After granting several extensions of time for Defendants to respond, the parties notified chambers of the undersigned on October 14, 2009, that they had reached a settlement and would be filing a Stipulation of Dismissal. In light of the pending voluntary dismissal, the pending motion for summary judgment need not be considered on the merits at this time. IT IS, THEREFORE, ORDERED that Plaintiff's "Motion for Summary Judgment" (Document No. 30) is DENIED without prejudice.