Byers v. Centura Health Parker Adventist Hospital et al

Filing 36

ORDER The 34 Stipulation of Dismissal is approved. Plaintiff's claims against the individual nurses, Sabrina Robison; Cheryl Smith; Patricia Vaczek; Patrick Valzek; Kathleen Anderson and Mary Griffith are dismissed. Defendant's "Captain of the Ship" defense and statute of limitations defense is dismissed. Each party to pay their own costs and attorneys' fees, by Chief Judge Wiley Y. Daniel on 11/24/09. (gms, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Wiley Y. Daniel Civil Action No. 08-cv-02083-WYD-BNB CARMELIA BYERS, Plaintiff, v. CENTURA HEALTH PARKER ADVENTIST HOSPITAL, PORTERCARE ADVENTIST HEALTH SYSTEM, d/b/a PARKER ADVENTIST HOSPITAL, CHERYL SMITH, R.N., MARY GRIFFITH, R.N., SABRINA ROBISON, R.N., PATRICK VALZEK, R.N., PATRICIA VACZEK, R.N., and KATHLEEN ANDERSON, R.N., Defendants. ORDER THIS MATTER comes before the Court on the parties' Stipulation for Dismissal of certain claims, parties, and defenses. The Court, having reviewed the pleadings, and being fully informed in the matter, ORDERS that the Stipulation for Dismissal (doc. # 34) is APPROVED. In accordance therewith, it is ORDERED: 1. Plaintiff's claims against the individual nurses are dismissed (i.e. Cheryl Smith, R.N., Mary Griffith, R.N., Sabrina Robison, R.N., Patrick Valzek, R.N., Patricia Vaczek, R.N., and Kathleen Anderson, R.N.). These Defendants shall hereafter be taken off the caption.

2. Defendant's "Captain of the Ship" defense and statute of limitations defense is dismissed. 3. Each party shall pay his, her, or its own costs and attorneys' fees in connection with these dismissals. Dated: November 24, 2009 BY THE COURT: s/ Wiley Y. Daniel Wiley Y. Daniel Chief United States District Judge

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