Joyce et al v. North Metro Task Force et al

Filing 135

AMENDED ORDER re: 131 Order on Motion for Summary Judgment, Order on Appeal of Magistrate Judge Decision to District Court, Order on Motion in Limine, Defendants the City of Northglenn, Colorado and Russell Van Houtens Motion for Summary Judgment D oc. # 41 is GRANTED; Defendants North Metro Task Force and Richard Reigenborns Motion for Summary Judgment Doc. # 43 is GRANTED; Defendants the City of Thornton, Colorado, James Nursey, and Dante Carbones Motion for Summary Judgment Doc. # 47 i s GRANTED; (4) Defendant Timothy Hersees Motion for Summary Judgment Doc. # 48 is GRANTED; Defendant Jack Bells Motion for Summary Judgment Doc. # 49 is GRANTED; Defendants Objection to Magistrate Judges Order Regarding Plaintiffs Motion for Orde r Compelling Production of Subpoenaed Documents and Testimony Doc. # 127 is DENIED as moot; Defendants City of Thornton, Nursey, and Carbones Motion in Limine Doc. # 129 is DENIED as moot; and The Clerk of Court shall enter judgment in favor of Defendants. Defendants shall be awarded their costs under Fed. R. Civ. P. 54(d)(1). The parties are to bear their own attorneys fees. by Judge Christine M. Arguello on 8/5/2011. (erv, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 10-cv-00649-CMA-MJW
DANIEL JOYCE, and
ROBERT LOPEZ,
Plaintiffs,
v.
NORTH METRO TASK FORCE,
THE CITY OF NORTHGLENN, COLORADO,
THE CITY OF THORNTON, COLORADO,
JAMES NURSEY, CHIEF, THORNTON POLICE DEPARTMENT,
in his official and individual capacities,
RUSSELL VAN HOUTEN, CHIEF, NORTHGLENN POLICE DEPARTMENT,
in his official and individual capacities,
JACK BELL, in his official and individual capacities,
DANTE CARBONE, in his official and individual capacities,
TIMOTHY HERSEE, in his official and individual capacities, and
RICHARD REIGENBORN, in his official and individual capacities,
Defendants.

AMENDED ORDER GRANTING DEFENDANTS’ MOTIONS FOR SUMMARY
JUDGMENT AND DENYING OTHER PENDING FILINGS AS MOOT

The Court hereby sua sponte amends its July 7, 2011 Order Granting
Defendants’ Motions for Summary Judgment and Denying Other Pending Filings as
Moot. In so doing, the Court leaves unchanged the July 7, 2011 Order except for the
Order’s provision regarding costs. The Court has determined that it is appropriate to

award costs to Defendants, the prevailing parties in this action. See Fed. R. Civ. P.
54(d)(1). Therefore, in accordance with the foregoing, IT IS ORDERED THAT:
(1)

Defendants the City of Northglenn, Colorado and Russell Van Houten’s
Motion for Summary Judgment (Doc. # 41) is GRANTED;

(2)

Defendants North Metro Task Force and Richard Reigenborn’s Motion
for Summary Judgment (Doc. # 43) is GRANTED;

(3)

Defendants the City of Thornton, Colorado, James Nursey, and Dante
Carbone’s Motion for Summary Judgment (Doc. # 47) is GRANTED;

(4)

Defendant Timothy Hersee’s Motion for Summary Judgment (Doc. # 48)
is GRANTED;

(5)

Defendant Jack Bell’s Motion for Summary Judgment (Doc. # 49) is
GRANTED;

(6)

Defendants’ Objection to Magistrate Judge’s Order Regarding Plaintiffs’
Motion for Order Compelling Production of Subpoenaed Documents and
Testimony (Doc. # 127) is DENIED as moot;

(7)

Defendants City of Thornton, Nursey, and Carbone’s Motion in Limine
(Doc. # 129) is DENIED as moot; and

(8)

The Clerk of Court shall enter judgment in favor of Defendants.
Defendants shall be awarded their costs under Fed. R. Civ. P. 54(d)(1).
The parties are to bear their own attorneys’ fees.

DATED: August 5, 2011
BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge

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