Hastings v. Valerio et al

Filing 38

ORDER OF DISMISSAL. The Stipulated (Unopposed) Motion To Dismiss The City and County of Denver Police Department, Through Police Chief Gerald R. Whitman, in His Official Capacity 37 filed 07/21/2009, is GRANTED. Trial Preparation Conference set for 12/18/2009, is VACATED. The jury trial set to commence 01/11/2010, is VACATED. This action is DISMISSED WITH PREJUDICE with the parties to pay their own attorney fees and costs. By Judge Robert E. Blackburn on 07/22/2009. (sah, )

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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. THE CITY AND COUNTY OF DENVER POLICE DEPARTMENT, through Police Chief Gerald R. Whitman, in his official capacity, Defendant. ORDER OF DISMISSAL Blackburn, J. The matter before me is the Stipulated (Unopposed) Motion To Dismiss The City and County of Denver Police Department, Through Police Chief Gerald R. Whitman, in His Official Capacity [#37] filed July 21, 2009. After careful review of the motion and the file, I conclude that the motion should be granted, and that this action should be dismissed with prejudice. THEREFORE, IT IS ORDERED as follows: 1. That the Stipulated (Unopposed) Motion To Dismiss The City and County of Denver Police Department, Through Police Chief Gerald R. Whitman, in His Official Capacity [#37] filed July 21, 2009, is GRANTED; 2. That the Trial Preparation Conference set for December 18, 2009, is VACATED; 3. That the jury trial set to commence January 11, 2010, is VACATED; and 4. That this action is DISMISSED WITH PREJUDICE with the parties to pay their own attorney fees and costs. Dated July 22, 2009, at Denver, Colorado. BY THE COURT: 2

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