Osorio-Ruelas et al v. Colorado Division of Gaming et al
Filing
24
ORDER DISMISSING FIFTH AND SIXTH CLAIMS FOR RELIEF WITHOUT PREJUDICE re 15 . Fifth and Sixth Claims for Relief against defendant Pioneer Group, Inc., d/b/a Bronco Billy's Casino are dismissed without prejudice. Ivan Gomez (Ivan Gamez-Sierras) is dismissed as a plaintiff in this civil action. The caption of this case shall be changed to provide that Lorena Osorio-Ruelas is the named plaintiff and Roger Schneider and Anthony Webb, individually, are the named defendants, by Judge Richard P. Matsch on 5/21/2012.(rpmcd )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 11-cv-03106-RPM
LORENA OSORIO-RUELAS and
IVAN GOMEZ,
Plaintiffs,
v.
COLORADO DIVISION OF GAMING AGENT ROGER SCHNEIDER, COLORADO
DIVISION OF GAMING AGENT ANTHONY WEBB, and
BRONCO BILLY’S CASINO (PIONEER GROUP INC.),
Defendants.
_____________________________________________________________________
ORDER DISMISSING FIFTH AND SIXTH CLAIMS FOR RELIEF WITHOUT
PREJUDICE
_____________________________________________________________________
The complaint, filed in this case on November 29, 2011, contains claims against
Pioneer Group, Inc., d/b/a Bronco Billy’s Casino as the Fifth Claim for Relief
(conversion) and Sixth Claim for Relief (breach of contract) by Ivan Gomez as the
named plaintiff. Jurisdiction of those claims is alleged under 28 U.S.C. § 1367(a).
Pioneer Group, Inc., d/b/a Bronco Billy’s Casino filed a motion for summary judgment
for dismissal of those claims on the merits. The motion addresses the plaintiff as Ivan
Gomez. In response, the plaintiff is identified as Ivan Gamez-Sierras and the response
includes an affidavit signed in that name. That is also the name given in the plaintiffs’
amended statements of facts, filed April 27, 2012. It is assumed that Ivan Gomez and
Ivan Gamez-Sierras are the same person whose correct name is Ivan Gamez-Sierras.
This civil action is brought under 42 U.S.C. § 1983 and related statutes on the
claims of Lorena Osorio-Ruelas for violations of rights protected by the United States
Constitution alleged against defendants Roger Schneider and Anthony Webb. Although
there is reference in the complaint to attorneys fees and costs paid by Ivan Gomez for
defense of charges made against her, that is not a separate claim. The issues relating
to the Fifth and Sixth Claims for Relief are not sufficiently connected to the constitutional
claims made in this case and the small amounts in issue do not warrant the exercise of
this Court’s jurisdiction. Accordingly, pursuant to this Court’s discretion in the exercise
of supplemental jurisdiction, both claims will be dismissed without prejudice. Because
those are the only claims that properly belong to Ivan Gomez, he will be dismissed from
this civil action. Accordingly, it is now
ORDERED that the Fifth and Sixth Claims for Relief against defendant Pioneer
Group, Inc., d/b/a Bronco Billy’s Casino are dismissed without prejudice and it is
FURTHER ORDERED that Ivan Gomez (Ivan Gamez-Sierras) is dismissed as a
plaintiff in this civil action, and it is
FURTHER ORDERED that the caption of this case shall be changed to provide
that Lorena Osorio-Ruelas is the named plaintiff and Roger Schneider and Anthony
Webb, individually, are the named defendants.
DATED: May 21st, 2012
BY THE COURT:
s/Richard P. Matsch
__________________________
Richard P. Matsch, Senior Judge
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