Hernandez v. Valley View Hospital Association et al

Filing 299

ORDER approving 297 Stipulated Motion To Dismiss All Claims Against Defendant Valley View Hospital Association With Prejudice, and denying as moot 266 Amended Motion for Back Pay and Front Pay, by Judge Robert E. Blackburn on 2/4/15.(dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 10-cv-00455-REB–MJW
TERESA HERNANDEZ,
Plaintiff,
v.
VALLEY VIEW HOSPITAL ASSOCIATION,
Defendant.

ORDER
Blackburn, J.
This matter is before me on the parties’ Stipulated Motion To Dismiss All
Claims Against Defendant Valley View Hospital Association With Prejudice
[#297],1 filed February 3, 2015. After reviewing the stipulation and the record, I
conclude that the stipulation should be approved and that this action should be
dismissed with prejudice, with the parties to bear their own attorney fees and costs.2
THEREFORE, IT IS ORDERED as follows:
1. That the parties’ Stipulated Motion To Dismiss All Claims Against
Defendant Valley View Hospital Association With Prejudice [#297], filed February 3,

1
“[#297]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.
2

The parties request that the court dismiss all claims asserted by plaintiff in this case “and any
associated appeals.” Of course, this court has no jurisdiction to dismiss a claim that has been appealed.
Nevertheless, and although defendant did appeal the jury’s verdict on liability, the Tenth Circuit dismissed
that appeal for lack of jurisdiction. (See Order [#288], filed October 20, 2014.)

2015, is APPROVED;
2. That any pending motion, including, but not limited to, Plaintiff Teresa
Hernandez’s Amended Motion for Back Pay and Front Pay [#266], filed March 28,
2014, is DENIED AS MOOT; and
3. That all claims asserted by plaintiff, Teresa Hernandez, against defendant,
Valley View Hospital Association, are DISMISSED WITH PREJUDICE with the parties
to pay their own attorney fees and costs.
Dated February 4, 2015, at Denver, Colorado.
BY THE COURT:

2