Berry v. City of Montrose, Colorado et al.

Filing 31

FINAL JUDGMENT. ORDERED that judgment is hereby entered in favor of defendants CITY OF MONTROSE, MICHAEL L. WATSON, LARRY ABEYTA, and GARY CORAM. ORDERED that 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. ORDERED that this case is CLOSED by Clerk on 03//14/14. (jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-01138-PAB-KMT
ROBERT SCOTT BERRY,
Plaintiff,
v.
CITY OF MONTROSE, COLORADO,
MICHAEL L. WATSON, Detective, Montrose Police Department, in his official capacity;
LARRY ABEYTA, Detective, Montrose Police Department, in his official capacity; and
GARY CORAM,
Defendants.

FINAL JUDGMENT

In accordance with the 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 Order [Docket No. 30] of Judge Philip A. Brimmer entered on
March 12, 2014, it is
ORDERED that defendant Gary Coram’s FED.R.CIV.P. 12(b)(6) Motion to
Dismiss [Docket No. 17] is GRANTED in PART. Plaintiff’s third and fourth claims are
dismissed without prejudice. It is
FURTHER ORDERED that the Motion to Dismiss [Docket No. 19] filed by
defendants City of Montrose, Michael L. Watson, and Lenny Abeyta is GRANTED in
PART. Plaintiff’s first claim for relief is dismissed without prejudice. Plaintiff’s second
claim for relief is dismissed with prejudice. It is

FURTHER ORDERED that Plaintiff ROBERT SCOTT BERRY recover nothing. It
is
FURTHER ORDERED that judgment is hereby entered in favor of defendants
CITY OF MONTROSE, MICHAEL L. WATSON, LARRY ABEYTA, and GARY CORAM.
It is
FURTHER ORDERED that 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. It is
FURTHER ORDERED that this case is CLOSED.

Dated at Denver, Colorado this 14th day of March, 2014.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
s/Kathy Preuitt-Parks
Kathy Preuitt-Parks
Deputy Clerk