Dietzmann et al v. City of Homer et al

Filing 19

Order on Motion to Dismiss

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA 6 7 8 9 CHERRY DIETZMANN, Individually; MINOR J.A. II, by and through his Mother and Guardian, CHERRY DIETZMANN; and MINOR D.A. by and through her mother and Guardian, CHERRY DIETZMANN, 10 11 Plaintiffs, vs. 12 13 UNITED STATES OF AMERICA, et al., 14 Defendants. 15 ) Case No. 3:10-cv-00050-RJB ) ) ) ) ) ) ) ORDER ) ) ) ) ) ) ) ) ) 16 17 18 19 This matter comes before the court on the Stipulaton (sic) for Dismissal of State of Alaska Defendants (Dkt. 18). The court being fully advised, it is now ORDERED as follows: The State of Alaska defendants (including The State of Alaska; Alaska State Troopers; Alaska 20 State Trooper Arthur “Tom” Dunn; Alaska State Trooper Vic Aye; Alaska State Trooper David 21 Sherbahn; Alaska State Trooper Michael Henry; Alaska State Trooper Captain Tom Bowman; Alaska 22 State Trooper David Hanson; Alaska State Trooper Tim Hunyor; Alaska State Trooper Eugene Fowler; 23 Alaska State Trooper Investigator Scott Briggs; Alaska State Trooper Travis Bordner; Alaska State 24 Trooper Robert Hunter; Alaska State Trooper Mark Pearson; Alaska State Trooper Michelyn Grigg; 25 Alaska State Trooper Randy McPherron; Alaska State Trooper Eric Burroughs; and John and Jane Doe 26 Alaska State Troopers 1-201) are DISMISSED WITH PREJUDICE, each side to bear their own costs 27 and attorney’s fees, subject to Probate Court approval of the settlement of the claims of the minor 28 claimants/litigants. 1 This order is without impact or effect on plaintiffs’ remaining claims regarding other defendants, 2 including the USA; U.S. Marshal John Olson; U.S. Marshal Kevin Guinn; and the City of Homer 3 defendants, including the Homer Police Department, the Homer Chief of Police Mark Robl; Sergeant 4 Lawrence Kuhns; Sergeant William Hutt; officer David Shealy; and Officer Stacy Luck. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In addition, this order to dismiss the State of Alaska defendants does not impact or affect any defenses or claims by the other defendants. The Clerk of the Court is instructed to send uncertified copies of this Order to all counsel of record and to any party appearing pro se at said party's last known address. DATED this 14th day of May, 2010. A Robert J. Bryan United States District Judge

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