Smith v. Miller et al

Filing 72

ORDER OF DISMISSAL. The Stipulation to Dismiss 71 is APPROVED. The jury trial set for 4/9/2012 is VACATED. Any pending motion is DENIED as moot. This action is DISMISSED WITH PREJUDICE with the parties to pay their own attorney fees and costs, except to the extent defendant, Denver Health and Hospital Authority, has any obligation under the Colorado Governmental Immunity Act to pay the fees adn costs of defendant, Alan K. Miller. By Judge Robert E. Blackburn on 3/12/2012. (sah, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 11-cv-00613-REB-KLM
TIMOTHY W. SMITH,
Plaintiff,
v.
ALAN K. MILLER, (agent of named political subdivision) in individual capacity,
DENVER HEALTH AND HOSPITAL AUTHORITY (an autonomous political subdivision
of the State of Colorado), and
JOHN DOES 1-5,
Defendants.
ORDER OF DISMISSAL
Blackburn, J.
The matter is before me on the Stipulation To Dismiss [#71]1 filed March 9,
2012. After reviewing the stipulation and the file, I conclude that the stipulation should
be approved and that this action should be dismissed with prejudice.
THEREFORE, IT IS ORDERED as follows:
1. That the Stipulation To Dismiss [#71] filed March 9, 2012, is APPROVED;
2. That the jury trial set to commence April 9, 2012, is VACATED;
3. That any pending motion is DENIED as moot; and
4. That this action is DISMISSED WITH PREJUDICE with the parties to pay
their own attorney fees and costs, except to the extent defendant, Denver Health and

1

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

Hospital Authority, has any obligation under the Colorado Governmental Immunity Act
to pay the fees and costs of defendant, Alan K. Miller.
Dated March 12, 2012, at Denver, Colorado.
BY THE COURT:

2