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 (Deceit by 

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; 

District Court, County of Jefferson, State of Colorado 

Court Address: 100 Jefferson County Parkway, Golden, CO 80401 

Court Telephone: 303-271-6145 

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. 

Case No: 2010 CV 4988 

Division: 4 

ORDER DISMISSING CERTAIN CLAIMS WITH PREJDUICE 

▲COURT USE ONLY▲

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 

EFILED Document 

CO Jefferson County District Court 1st JD 

Filing Date: Jul 27 2011 4:17PM MDT 

Filing ID: 38946207 

Review Clerk: Luz R

Case 1:11-cv-02286-REB-CBS Document 20 Filed 08/31/11 USDC Colorado Page 1 of 3
Order Dismissing Certain Claims With Prejudice 

Page 2 of 2 

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 (Negligent 

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. 

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 

Case 1:11-cv-02286-REB-CBS Document 20 Filed 08/31/11 USDC Colorado Page 2 of 3
/s/ Judge Tamara Russell 

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 

Case 1:11-cv-02286-REB-CBS Document 20 Filed 08/31/11 USDC Colorado Page 3 of 3