C.S. et al v. Platte Canyon School District No. 1 et al

Filing 43

ORDER granting 31 Unopposed Motion To Dismiss, Pursuant to Fed. R. Civ. P. 41(a)(2), Certain Claims Against Certain Individual Defendants by Judge Christine M. Arguello on 11/18/13.(dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 12-cv-03358-CMA-BNB
C.S., an unemancipated person, through his parents and next friends,
Michael and Cynthia Schaffer,
Plaintiff,
v.
PLATTE CANYON SCHOOL DISTRICT NO.1,
JAMES WALPOLE, Superintendant, in his official and individual capacities,
MIKE SCHMIDT, Principal in his official and individual capacities,
MELISSA COOPER, Special Education Director in her official and individual capacities,
DANIEL DESLAURIERS, Special Education Director in his official and individual
capacities, and
MEGGIN STOUT, Special Education Director in her official and individual capacities
Defendants.

ORDER DISMISSING CERTAIN CLAIMS AGAINST
CERTAIN INDIVIDUAL DEFENDANTS PURSUANT TO F.R.CIV.P. 41(a)(2),
AND TO AMEND CAPTION

THE COURT, having considered Plaintiff’s Unopposed Motion To Dismiss,
Pursuant to Fed. R. Civ. P. 41(a)(2), Certain Claims Against Certain Individual
Defendants, and considering the terms of the dismissal proper, hereby GRANTS said
Motion.
It is ORDERED that the following claims are dismissed without prejudice, each
party to pay his, her or its own costs and attorney fees:
a.

All claims brought against Daniel Deslauriers, Special Education Director,
in his individual and official capacities;

b.

All claims brought against Melissa Cooper, Special Education Director,
in her individual and official capacities;

c.

All claims brought against James Walpole, Superintendent, in his
individual and official capacities;

d.

All claims brought against Mike Schmidt and Meggin Stout, in their official
capacities only;

e.

The Supervisory Liability claim pursuant to 42 U.S.C. § 1983 against
Meggin Stout, individually only;

f.

The Fourteenth Amendment of the United State Constitution procedural
due process claim, pursuant to 42 U.S.C. § 1983, against Mike Schmidt
individually only;

g.

The state law claims of assault, battery, false imprisonment, extreme and
outrageous conduct, invasion of privacy, and willful and wanton conduct
against Mike Schmidt, individually only.

IT IS FURTHER ORDERED that the caption on all subsequent filings shall reflect
the removal of James Walpole, Melissa Cooper, and Daniel Deslauriers as Defendants
in this case; and the changes as to Mike Schmidt and Meggin Stout in their individual
capacities only.
DATED: November

18

, 2013
BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge

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