Kerr et al v. Hickenlooper

Filing 78

ORDER Defendants Motion to Dismiss Plaintiffs Substitute Complaint ECF No. 18 , properly construed as moving to dismiss Plaintiffs First Amended Substitute Complaint for Injunctive and Declaratory Relief, is GRANTED IN PART and DENIED IN PART; De fendants Motion to Dismiss is GRANTED as to Plaintiffs Equal Protection claim. Plaintiffs Equal Protection claim is hereby DISMISSED WITH PREJUDICE; Defendants Motion to Dismiss is DENIED as to Plaintiffs other four claims for relief. Those four c laims will be allowed to proceed past the pleading stage in this action; Plaintiffs Unopposed Motion for Leave to File Second Amended Substitute Complaint for Injunctive and Declaratory Relief ECF No. 74 , is GRANTED; The Clerk of Court shall FIL E as a separate docket entry the Second Amended Substitute Complaint for Injunctive and Declaratory Relief, currently filed as an attachment at ECF No. 74 . The Second Amended Substitute Complaint for Injunctive and Declaratory Relief will hereinafter be the operative complaint in this action; and The Courts Order staying disclosures and discovery in this action ECF No. 29 is VACATED and said stay is hereby LIFTED, by Judge William J. Martinez on 7/30/2012.(ervsl, )