Najieb v. Kurian et al
Filing
50
ORDER 49 Stipulated Motion for Dismissal With Prejudice of All Claims Against Defendant Officer Shawn Kurian and to Amend Caption is denied in part and ruling is reserved in part. Part of the motion to amend the caption to add the City of Aurora as a defendant is denied. On or before 3/30/09, plaintiff and defendant Kurian to clarify if motion to dismiss resolves all claims in this case, by Judge Philip A. Brimmer on 3/23/09.(gmssl, )
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Action No. 07-cv-02120-PAB-BNB ARIF S. NAJIEB, Plaintiff, v. SHAW N KURIAN, individually and in his official capacity, Defendant. _____________________________________________________________________ ORDER _____________________________________________________________________ THIS MATTER comes before the Court upon the Stipulated Motion for Dismissal with Prejudice of All Claims Against Defendant Officer Shawn Kurian and to Amend Caption [Docket No. 49]. The motion is filed by the plaintiff, Arif Najieb, and the defendant, Shawn Kurian. However, it is also purportedly filed by "Defendant City of Aurora." Although the City of Aurora represents defendant Kurian in his official capacity, the City of Aurora is not a party to this case. As a result, plaintiff and defendant's motion to amend the caption to suggest that the City of Aurora is a party is improper. Wherefore, it is ORDERED that the Stipulated Motion for Dismissal with Prejudice of All Claims Against Defendant Officer Shawn Kurian and to Amend Caption [Docket No. 49] is denied in part and ruling is reserved in part. It is further ORDERED that that part of the motion seeking to amend the caption to add the City of Aurora as a defendant is denied. It is further
ORDERED that, on or before March 30, 2009, plaintiff and defendant Kurian shall clarify whether the motion for dismissal resolves all claims in this case.
DATED March 23, 2009. BY THE COURT:
s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge
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