Clinton et al v. Cordova et al

Filing 46

JUDGMENT by Clerk re: 45 Order on Report and Recommendations by Clerk on 11/16/2012. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-03292-MSK-BNB
EARL J. CLINTON,
ESTATE OF HEATHER E. CLINTON, deceased by R. GREGORY HALLER, Personal
Representative,
LARRY CLINTON, and
CHERYL CLINTON,
Plaintiffs,
v.
NATHAN CORDOVA,
KAREN HARRINGTON,
MAUREEN COOPER,
JOHN DOES #1-5,
JANE DOES #1-5,
MARK PERKINS,
SEAN HAUSER, and
JOSE EA. DOMINGUEZ,
Defendants.

FINAL JUDGMENT

In accordance with orders filed during the pendency of this case, and pursuant to
Fed. R. Civ. P 58(a), the following Final Judgment is hereby entered.
Pursuant to the Electronic Text-Only Order filed on October 4, 2012, adopting the
Recommendation issued by the Magistrate Judge (Doc. #43) to grant the State
Defendants’ Motion to Dismiss (Doc. #27),
IT IS ORDERED that Defendants Cordova, Harring, Cooper, and Perkins' Motion
to Dismiss is GRANTED, and the sole claim asserted against those Defendants is
DISMISSED for failure to state a claim.

IT IS FURTHER ORDERED that, as Plaintiffs invoked the Court's subject matter
jurisdiction in this action on federal question grounds, and as the only remaining claim
against remaining Defendants Dominguez and Hauser sounds in negligence under state
law, the negligence claim against Defendants Dominguez and Hauser is DISMISSED
WITHOUT PREJUDICE for lack of subject matter jurisdiction
Final Judgment is entered in favor of the defendants and against the plaintiffs,
and the case is closed.
IT IS FURTHER ORDERED that the defendants are AWARDED their costs, to
be taxed by the Clerk of the Court pursuant to Fed. R. Civ. P. 54(d)(1) and
D.C.COLO.LCivR 54.1.

DATED at Denver, Colorado, this 16th day of November, 2012.

FOR THE COURT:
JEFFREY P. COLWELL, CLERK

By: s/Edward P. Butler
Edward P. Butler
Deputy Clerk