Jordan v. Dias Simones et al

Filing 61

Final JUDGMENT by Clerk in favor of Carriage Park Condo Association, Alexander Dias Simones, Dennis Houck, Marc Sears against Aaron Jordan re: 60 Order by Clerk on 3/21/2014. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-01675-REB-MJW
AARON JORDAN,
Plaintiff,
v.
ALEXANDER DIAS SIMONES,
MARC SEARS, official capacity suit City of Aurora’s officers,
CARRIAGE PARK CONDO ASSOCIATION, and
DENNIS HOUCK,
Defendants.

FINAL JUDGMENT

This Final Judgment is entered pursuant to Fed. R. Civ. P. 58(a) and in
accordance with the ORDER OVERRULING OBJECTIONS TO AND ADOPTING
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE [#60] entered
by Judge Robert E. Blackburn on March 21, 2014, which order is incorporated herein by
this reference.
THEREFORE, IT IS ORDERED as follows:
1. That the magistrate judge’s Recommendation on Defendants Carriage Park
Homeowners Association’s and Dennis Houck, President of Carriage Park HOA’s
Motion To Dismiss Pursuant to F.R.C.P. 12(b)(1) and 12(b)(6) (Docket No. 12) and
Aurora Defendants’ Motion To Dismiss Pursuant to Fed. R. Civ. P. Rule 12(b)(5) for
Insufficiency of Service of Process (Docket No. 15) [#50], filed February 7, 2014, is
APPROVED AND ADOPTED as an order of this court;

2. That the objections stated in plaintiff’s Objection to Recommendation to
Dismiss Defendants Dennis Houck and Carriage Park H.O.A. Pursuant to F.R.C.P.
12(b)(1), (5), (6) (Docket 12) and Aurora Defendants’ Motion To Dismiss Pursuant
to Fed. R. Civ. P. 12(b)5 for Insufficiency of Service of Process (Docket No. 15)
[#53], filed February 25, 2014, are OVERRULED;
3. That Defendants Carriage Park Homeowners Association’s and Dennis
Houck, President of Carriage Park HOA’s Motion To Dismiss Pursuant to F.R.C.P.
12(b)(1) and 12(b)(6) [#12], filed July 18, 2013, is GRANTED;
4. That the Aurora Defendants’ Motion To Dismiss Pursuant to Fed. R. Civ.
P. Rule 12(b)(5) for Insufficiency of Service of Process [#15], filed August 5, 2013, is
GRANTED;
5. That plaintiff’s claims against defendants Carriage Park Condo Association
and Dennis Houck are DISMISSED WITHOUT PREJUDICE for failure to allege facts
sufficient to state plausible claims for relief;
6. That plaintiff’s claims against defendants Alexander Dias Simones and Marc
Sears are DISMISSED WITHOUT PREJUDICE for insufficiency of service of process;
and
7. That judgment without prejudice IS ENTERED in favor of defendants,
Alexander Dias Simones; Marc Sears; Carriage Park Condo Association; and Dennis
Houck, against plaintiff, Aaron Jordan, as to all claims and causes of action asserted
herein.

DATED at Denver, Colorado, this 21st day of March, 2014.
FOR THE COURT:
Jeffrey P. Colwell, Clerk
By: s/Kathleen Finney
Kathleen Finney
Deputy Clerk