Baker v. O'Hayre

Filing 17

ORDER denying as moot 13 Defendant Ryan O'Hayre's Partial Motion To Dismiss Plaintiff's Complaint; granting 15 Stipulated Motion To Voluntarily Dismiss the City of Lakewood and Amend The Case Caption. Plaintiff's claims against defendant Ryan O'Hayre, in his official capacity, are DISMISSED WITHOUT PREJUDICE. By Judge Robert E. Blackburn on 10/29/12. (kfinn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 12-cv-02304-REB-MJW
KALI JEMMA BAKER,
Plaintiff,
v.
RYAN O’HAYRE, in his individual and official capcity,,
Defendant.

ORDER
Blackburn, J.
The matter before me is the Stipulated Motion To Voluntarily Dismiss the City
of Lakewood and Amend The Case Caption [#15]1 filed October 26, 2012. After
reviewing the motion and the record, I conclude that the motion should be granted and
that plaintiff’s claims defendant Ryan O’Hayre, in his official capacity, should be
dismissed without prejudice.
THEREFORE, IT IS ORDERED as follows:
1. That the Stipulated Motion To Voluntarily Dismiss the City of Lakewood
and Amend The Case Caption [#15] filed October 26, 2012, is GRANTED;
2. That plaintiff’s claims against defendant Ryan O’Hayre, in his official capacity,
are DISMISSED WITHOUT PREJUDICE;

1

“[#15]” is an example of the convention I use to identify the docket number assigned to a specific
paper by the court’s electronic case filing and management system (CM/ECF). I use this convention
throughout this order.

3. That the caption is AMENDED to name the defendant as "Ryan O’Hayre, in
his individual capacity;" and
4. That Defendant Ryan O’Hayre’s Partial Motion To Dismiss Plaintiff’s
Complaint (ECF No. 1) Pursuant to FED. R. CIV. P. 12(b)(6) [#13] filed October 9,
2012, is DENIED as moot.
Dated October 29, 2012, at Denver, Colorado.
BY THE COURT:

2