American Tradition Institute et al v. State of Colorado, The et al

Filing 72

ORDER GRANTING 70 JOINT MOTION TO DISMISS CERTAIN PARTIES AND ONE CLAIM, AND TO SUBSTITUTE PARTY. Plaintiffs' Thirteenth Claim for Relief brought under 42 U.S.C. § 1983 is dismissed with prejudice. All claims in this action brought aga inst Defendants in their individual capacities are dismissed with prejudice. Pamela Patton is substituted in as a Defendant in this action, and Matt Baker is no longer a Defendant in this action. All claims against Defendant Doug Dean are dismissed with prejudice, and Doug Dean is no longer a Defendant in this action. The caption in this action is hereby amended to reflect that the only Defendants in this action are Joshua Epel, James Tarpey, and Pamela Patton, and that the only claims in this action are claims for prospective relief (Claims One through Twelve in the operative Complaint) brought against Defendants in their official capacities as members of the Colorado Public Utilities Commission. By Judge William J. Martinez on 8/22/12.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 11-cv-00859-WJM-BNB
AMERICAN TRADITION INSTITUTE,
AMERICAN TRADITION PARTNERSHIP, and
ROD LUECK,
Plaintiffs,
v.
JOSHUA EPEL, in his official capacity as Chairman of the Colorado Public Utilities
Commission,
JAMES TARPEY, in his official capacity as a Commissioner of the Colorado Public
Utilities Commission, and
PAMELA PATTON, in her official capacity as a Commissioner of the Colorado Public
Utilities Commission,
Defendants,
and
ENVIRONMENT COLORADO,
COLORADO ENVIRONMENTAL COALITION,
SIERRA CLUB, and
THE WILDERNESS SOCIETY,
Intervenor-Defendants.
______________________________________________________________________
ORDER GRANTING JOINT MOTION TO DISMISS CERTAIN PARTIES
AND ONE CLAIM, AND TO SUBSTITUTE PARTY
______________________________________________________________________
This matter is before the Court on the parties’ Joint Motion to Dismiss Certain
Parties and One Claim, and to Substitute Party (the “Joint Motion”). (ECF No. 70.) The
parties represent that the Defendant-Intervenors have no objection to the relief sought in
the Joint Motion.
In the Joint Motion, Plaintiffs explain that they wish to dismiss their Thirteenth
Claim for Relief in this action brought under 42 U.S.C. § 1983, because they no longer

seek monetary damages in this action (although they reserve their right to seek an award
of attorneys’ fees and costs under 42 U.S.C. § 1983). Therefore, the Court hereby
ORDERS that Plaintiffs’ Thirteenth Claim for Relief brought under 42 U.S.C. § 1983 is
DISMISSED WITH PREJUDICE.
In the Joint Motion, Plaintiffs also explain that they wish to dismiss their claims
against Defendants in their individual capacities because they no longer seek monetary
damages in this action. Therefore, the Court hereby ORDERS that all claims in this
action brought against Defendants in their individual capacities are DISMISSED WITH
PREJUDICE.
In the Joint Motion, the parties explain that Pamela Patton has replaced Matt
Baker as a Commissioner of the Public Utilities Commission, and accordingly she should
be substituted in as a Defendant in this action. Therefore, the Court hereby ORDERS
that Pamela Patton is substituted in as a Defendant in this action, and Matt Baker is no
longer a Defendant in this action.
In the Joint Motion, Plaintiffs agree to dismiss Defendant Doug Dean from this
action. Therefore, the Court hereby ORDERS that all claims against Defendant Doug
Dean are DISMISSED WITH PREJUDICE, and Doug Dean is no longer a Defendant in
this action.
In accordance with the foregoing, the caption in this action is hereby AMENDED
to reflect that the only Defendants in this action are Joshua Epel, James Tarpey, and
Pamela Patton, and that the only claims in this action are claims for prospective relief
(Claims One through Twelve in the operative Complaint) brought against Defendants in
their official capacities as members of the Colorado Public Utilities Commission. All
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parties SHALL use the caption above in future filings in this action.
Dated this 22nd day of August, 2012.
BY THE COURT:

_________________________
William J. Martínez
United States District Judge

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