Plunkett v. Castro et al

Filing 35

Order Dismissing Certain Party and Claims re 34 Motion: the following claims and parties are dismissed with prejudice, each party to bear their own costs and attorney's fees: 1. Defendant Ellerman, 2. Fourth Claim for Relief First Amendment Retaliation, 3. Ninth and Tenth Claim for Relief Common Law Assault and Battery, 4. Eleventh Claim for Relief Outrageous Conduct, by Judge Richard P. Matsch on 8/8/2012.(rpmcd)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 11-cv-03174-RPM JAMES PLUNKETT, Plaintiff, v. OFFICER S. CASTRO, OFFICER ELLERMAN, SERGEANT LOMBARDI, SERGEANT TOWN, and DETECTIVE DANNY PEREZ, all law enforcement officers with the Denver Police Department, Defendants. ____________________________________________________________________________ ORDER DISMISSING CERTAIN PARTY AND CLAIMS ___________________________________________________________________________ Pursuant to the Stipulated Motion to Voluntarily Dismiss [34] filed August 6, 2012, it is ORDERED that the following claims and parties are dismissed with prejudice, each party to bear their own costs and attorney’s fees: 1. Defendant Ellerman 2. Fourth Claim for Relief – First Amendment Retaliation 3. Ninth and Tenth Claim for Relief – Common Law Assault and Battery 4. Eleventh Claim for Relief – Outrageous Conduct DATED: August 8th, 2012 BY THE COURT: s/Richard P. Matsch __________________________ Richard P. Matsch, Senior Judge

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