McLallen v. Pueblo County Sheriff's Department et al

Filing 98

ORDER Granting Joint 84 Motion to Dismiss Party : Leide DeFusco (Captain, in his official capacity) and Leide (I) DeFusco (in his individual capacity) is Dismissed with Prejudice as it relates to all claims and defenses between Plaintiff and Leide DeFusco only. Furthermore, each party is to bear their own attorney fees and costs and all future pleadings shall remove the Captain Leide DeFusco from the caption heading, by Judge Richard P. Matsch on 10/17/2012.(rpmcd )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 10-cv-01187-RPM
THOMAS L. MCLALLEN III,
Plaintiff,
v.
SHERIFF KIRK M. TAYLOR, in his official and individual capacity;
UNDERSHERIFF J.R. HALL, in his official and individual capacity;
CAPTAIN LEIDE DEFUSCO, in his official and individual capacity;
INSPECTOR TOM PROUD, in his official and individual capacity; and
BUREAU CHIEF DARLENE ALCALA, in her official and individual capacity.
_________________________________________________________________________________
ORDER RE: JOINT MOTION FOR DISMISSAL WITH PREJUDICE
_________________________________________________________________________________
This matter comes before the Court on the Joint Motion for Dismissal with Prejudice of
Defendant Leide DuFusco. The Court, having reviewed the file as well as the contents of the
Stipulation, HEREBY GRANTS the Joint Motion to Dismiss with Prejudice as it relates to all
claims and defenses between Plaintiff and Leide DeFusco only. Furthermore, each party is to bear
their own attorney fees and costs and all future pleadings shall remove the Captain Leide DeFusco
from the caption heading.
So Ordered this 17th day of October, 2012.
s/ Richard P. Matsch
___________________________________
Richard P. Matsch, Senior District Judge