Cortez v. Flores et al

Filing 17

ORDER Dismissing Defendant, Katherine LaConte, Only. The Stipulated Motion For Partial Dismissal [# 15 ] is GRANTED. Plaintiff's claims against defendant, Katherine Laconte, are DISMISSED WITH PREJUDICE with each of the affected parties to pay i ts own attorney fees and costs. Plaintiff's unlawful seizure claim, except the claim that defendants, Flores, Decesaro and/or McCluskey, used excessive force during the seizure of plaintiff, is DISMISSED WITH PREJUDICE with each of the affected parties to pay its own attorney fees and costs. Defendant, Katherine Laconte, is DROPPED as a named party to thisaction, and the case caption is amended accordingly. By Judge Robert E. Blackburn on 8/9/2013.(klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 13-cv-00880-REB-KLM
IVAN CORTEZ,
Plaintiff,
v.
CHRISTOPHER FLORES,
THOMAS DECESARO,
KATHERINE LACONTE, and
JONATHAN MCCLUSKEY,
Defendants.

ORDER DISMISSING DEFENDANT, KATHERINE LACONTE, ONLY
Blackburn, J.
The matter is before me on the Stipulated Motion For Partial Dismissal [#15]1
filed August 2, 2013. After reviewing the motion and the record, I conclude that the
motion should be granted and that plaintiff’s claims against defendant,, Katherine
Laconte, should be dismissed with prejudice, each party to pay his or her own costs and
attorney fees. I further conclude that plaintiff’s unlawful seizure claim, except the claim
that defendants, Flores, Decesaro and/or McCluskey, used excessive force during the
seizure of plaintiff, should be dismissed with prejudice, each party to pay his own costs
and attorney fees.
THEREFORE, IT IS ORDERED as follows:

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“[#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.

1. That the Stipulated Motion For Partial Dismissal [#15] filed August 2, 2013,
is GRANTED;
2. That plaintiff’s claims against defendant, Katherine Laconte, are DISMISSED
WITH PREJUDICE with each of the affected parties to pay its own attorney fees and
costs;
3. That plaintiff’s unlawful seizure claim, except the claim that defendants,
Flores, Decesaro and/or McCluskey, used excessive force during the seizure of plaintiff,
is DISMISSED WITH PREJUDICE with each of the affected parties to pay its own
attorney fees and costs; and
4. That defendant, Katherine Laconte, is DROPPED as a named party to this
action, and the case caption is amended accordingly.
Dated August 9, 2013, at Denver, Colorado.
BY THE COURT:

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