Hastings v. Valerio et al

Filing 33

ORDER. The Stipulated (Unopposed) Motion To Dismiss With Prejudice Joshua Valerio and Lindsay Valerio, Individually and Severally 32 filed 06/10/2009, is GRANTED. Plaintiffs claims against defendants, Joshua Valerio and Lindsay Valerio, are DISMIS SED WITH PREJUDICE with the parties to pay their own attorney fees and costs. Defendants, Joshua Valerio and Lindsay Valerio, are DROPPED as named parties to this action. The Unopposed (Stipulated) Motion To Stay Proceedings and Deadlines Pending Settlement 31 , filed 06/10/2009, is GRANTED. This matter is STAYED through 07/13/2009 by Judge Robert E. Blackburn on 06/11/2009.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 08-cv-02281-REB-MJW JEREMY HASTINGS, a minor, by and through his parent and next friend, MICHAEL HASTINGS, Plaintiff, v. JOSHUA VALERIO, LINDSAY VALERIO, and THE CITY AND COUNTY OF DENVER POLICE DEPARTMENT, through Police Chief Gerald R. Whitman, in his official capacity, Defendants. ORDER DISMISSING DEFENDANTS JOSHUA VALERIO AND LINDSAY VALERIO AND GRANTING THE MOTION FOR STAY Blackburn, J. The matters before me are (1) the Unopposed (Stipulated) Motion To Stay Proceedings and Deadlines Pending Settlement [#31]; and (2) Stipulated (Unopposed) Motion To Dismiss With Prejudice Joshua Valerio and Lindsay Valerio, Individually and Severally [#32] both filed June 10, 2009. After careful review of the motions and the file, I conclude that the motions should be granted, that plaintiff's claims against defendants, Joshua Valerio and Lindsay Valerio, should be dismissed with prejudice, and that this matter should be stayed through July 13, 2009, pending consummation of settlement. THEREFORE, IT IS ORDERED as follows: 1. That the Stipulated (Unopposed) Motion To Dismiss With Prejudice

Joshua Valerio and Lindsay Valerio, Individually and Severally [#32] filed June 10, 2009, is GRANTED; 2. That plaintiff's claims against defendants, Joshua Valerio and Lindsay Valerio, are DISMISSED WITH PREJUDICE with the parties to pay their own attorney fees and costs; and 3. That defendants, Joshua Valerio and Lindsay Valerio, are DROPPED as named parties to this action, and the case caption is amended accordingly. 4. That the Unopposed (Stipulated) Motion To Stay Proceedings and Deadlines Pending Settlement [#31], filed June 10, 2009, is GRANTED; and 5. That this matter is STAYED through July 13, 2009, pending consummation of settlement. Dated June 11, 2009, at Denver, Colorado. BY THE COURT:

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