Gammons v. City of Denver, Colorado et al

Filing 75

ORDER. The Order To Show Cause 67 is MADE ABSOLUTE. All claims asserted by the plaintiff against defendants named as unknown City and County of Denver police officers,detectives, and sergeants, John Does 1-10, in their official and individual capac ities are DISMISSED with prejudice. JUDGMENT SHALL ENTER in favor of the defendants, City and County of Denver, Chief of Police Gerald R. Whitman, Officer Stephen Stack, Detective Henry P. Gonzales, Detective Kara Bilstein, Sgt. Kim Hull, and unknow n City and County of Denver police officers, detectives, and sergeants, John Does 1-10, in their official and individual capacities and against the plaintiff consistent with the terms of this order and order 65 . The defendants are AWARDED their costs, by Judge Robert E. Blackburn on 11/14/11. (lsw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 10-cv-01598-REB-MJW
DENEEN R. GAMMONS, Ph.D.,
Plaintiff,
v.
CITY AND COUNTY OF DENVER,
CHIEF OF POLICE GERALD R. WHITMAN, in his official and individual capacities,
OFFICER STEPHEN STACK, in his official and individual capacities,
DETECTIVE HENRY P. GONZALES, in his official and individual capacities,
DETECTIVE KARA BILSTEIN, in her official and individual capacities,
SGT. KIM HULL, in her official and individual capacities, and
UNKNOWN CITY AND COUNTY OF DENVER POLICE OFFICERS, DETECTIVES,
AND SERGEANTS, JOHN DOES 1-10, in their official and individual capacities,
Defendants.

ORDER
Blackburn, J.
The matter before me is the Order To Show Cause [#67]1 issued by the court on
September 15, 2011. In that order, I ordered the plaintiff to show cause in writing why
her claims against the defendants named in her first amended complaint [#9] as
unknown City and County of Denver police officers, detectives, and sergeants, John
Does 1-10, in their official and individual capacities should not be dismissed under FED.
R. CIV. P. 4(m) and 41(b). The plaintiff did not respond to the order to show cause.
Under FED. R. CIV. P. 4(m), I may dismiss without prejudice claims against
defendants who have not been served within 120 days of the date on which the
1

“[#67]” 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.

complaint was filed. The plaintiff has not identified, and, thus, has not served any of the
John Doe defendants.
Additionally, under FED. R. CIV. P. 41(b), I may dismiss a claim if the plaintiff fails
to prosecute the claim. The plaintiff has done nothing to identify and serve the John
Doe defendants. The plaintiff has failed to prosecute the claims she purports to assert
against the John Doe defendants. Therefore, I dismiss the plaintiff’s claims against the
defendants named as unknown City and County of Denver police officers, detectives,
and sergeants, John Does 1-10, in their official and individual capacities.
All other claims against all other defendants were dismissed in my Order
Granting Defendants’ Motion To Dismiss [#65] filed September 15, 2011. With the
dismissal of the claims against the John Doe defendants, all claims against all
defendants named in this case are resolved. Thus, I direct the entry of judgment in
favor of the defendants.
THEREFORE, IT IS ORDERED as follows:
1. That the Order To Show Cause [#67] filed September 15, 2011, is MADE
ABSOLUTE;
2. That under FED. R. CIV. P. 4(m) and 41(b), all claims asserted by the plaintiff
against defendants named as unknown City and County of Denver police officers,
detectives, and sergeants, John Does 1-10, in their official and individual capacities are
DISMISSED with prejudice;
3. That JUDGMENT SHALL ENTER in favor of the defendants, City and County
of Denver, Chief of Police Gerald R. Whitman, Officer Stephen Stack, Detective Henry
P. Gonzales, Detective Kara Bilstein, Sgt. Kim Hull, and unknown City and County of
Denver police officers, detectives, and sergeants, John Does 1-10, in their official and
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individual capacities, and against the plaintiff, Deneen R. Gammons, Ph.D., consistent
with the terms of this order and my Order Granting Defendants’ Motion To Dismiss
[#65] filed September 15, 2011;
4. That the defendants are AWARDED their costs, to be taxed by the Clerk of
the Court under FED. R. CIV. P. 54(d)(1) and D.C.COLO.LCivR 54.1.
Dated November 14, 2011, at Denver, Colorado.
BY THE COURT:

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