Estate of Elias Santistevan et al v. Denver, Colorado, The City and County of et al

Filing 38

ORDER. The Motion To Dismiss Plaintiffs 37 filed 03/12/2009, isGRANTED. Plaintiffs, Elias Santistevan, Yariah Santistevan and Rudolph F.Santistevan, and their concomitant claims are DISMISSED WITH PREJUDICE. Plaintiffs, Elias Santistevan, Yariah Santistevan and Rudolph F. Santistevan, are DROPPED as parties to this action, and the case caption is amended accordingly by Judge Robert E. Blackburn on 03/12/2009.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 08-cv-01669-REB-MJW ESTATE OF ELIAS SANTISTEVAN, by Chanell Santistevan as personal representative, ESTATE OF DEION SANTISTEVAN, by Chanell Santistevan as personal representative, and CHANELL SANTISTEVAN, individually as widow of Elias Santistevan, parent of Deion Santistevan, and in her capacity as parent and guardian of YARIAH SANTISTEVAN and RUDOLPH F. SANTISTEVAN, minor children of Elias Santistevan, Plaintiffs, v. THE CITY AND COUNTY OF DENVER, COLORADO, et al., Defendants. ORDER DISMISSING PLAINTIFFS, ELIAS SANTISTEVAN, YARIAH SANTISTEVAN, AND RUDOLPH F. SANTISTEVAN Blackburn, J. The matter before me is the Motion To Dismiss Plaintiffs [#37] filed March 12, 2009. After careful review of the motion and the file, I conclude that the motion should be granted and that plaintiffs, Elias Santistevan, Yariah Santistevan and Rudolph F. Santistevan, should be dismissed with prejudice. THEREFORE, IT IS ORDERED as follows: 1. That the Motion To Dismiss Plaintiffs [#37] filed March 12, 2009, is GRANTED ; 2. That plaintiffs, Elias Santistevan, Yariah Santistevan and Rudolph F. Santistevan, and their concomitant claims are DISMISSED WITH PREJUDICE; and

3. That plaintiffs, Elias Santistevan, Yariah Santistevan and Rudolph F. Santistevan, are DROPPED as parties to this action, and the case caption is amended accordingly. Dated March 12, 2009, at Denver, Colorado.

BY THE COURT:

2