Gosney et al v. Krueger, et al

Filing 51

ORDER. The Stipulated Motion To Dismiss Defendant Brent R. Graham 50 filed 04/23/2010, is GRANTED. Plaintiffs claims against defendant, Brent R. Graham, are DISMISSED WITHOUT PREJUDICE with the parties to pay their own attorney fees and costs. D efendant, Brent R. Graham, is DROPPED as named parties to thisaction, and the case caption is amended accordingly. By Judge Robert E. Blackburn on 04/23/2010. (sah, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 09-cv-02422-REB-CBS JEFFREY GOSNEY, TONEY CLIFTON, DYLAN GOSNEY, KAYLINA-MAE BARELA, CASANDRA GOSNEY, and DANIEL ZBIKOWSKI, Plaintiffs, v. DONALD KRUEGER, individually and in his official capacity as Sheriff of Clear Creek County; JOEL BUEHRLE, individually; KIMBERLY DOUGLAS, individually; JANE DOE, name unknown of Animal Control, individually; CITY OF IDAHO SPRINGS, a Statutory City by and through its governing body the CITY COUNSEL; DAVID B. WOHLERS, individually, and in his official capacity as Chief of Police of Idaho Springs; BRIAN BIENEMANN, individually; TOWN OF GEORGETOWN, a Territorial Charter Municipality, by and through its governing body the BOARD OF SELECTMEN; GEORGE WEIDLER, individually, and in his official capacity as Police Marshal of Georgetown; RANDY WILLIAMS, individually; BRENT R. GRAHAM, individually; and JOHN DOES I through X, unknown law enforcement officers, Defendants. ORDER DISMISSING DEFENDANT BRENT R. GRAHAM Blackburn, J. The matter before me is the Stipulated Motion To Dismiss Defendant Brent R. Graham [#50] filed April 23, 2010. After careful review of the motion and the file, I conclude that the motion should be granted and that plaintiffs' claims against defendant, Brent R. Graham, should be dismissed without prejudice. THEREFORE, IT IS ORDERED as follows: 1. That the Stipulated Motion To Dismiss Defendant Brent R. Graham [#50] filed April 23, 2010, is GRANTED; 2. That plaintiffs' claims against defendant, Brent R. Graham, are DISMISSED WITHOUT PREJUDICE with the parties to pay their own attorney fees and costs; and 3. That defendant, Brent R. Graham, is DROPPED as named parties to this action, and the case caption is amended accordingly. Dated April 23, 2010, at Denver, Colorado. BY THE COURT: 2

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