Sladek v. City of Colorado Springs, CO. et al

Filing 74

ORDER granting 73 Unopposed Motion for Clarification of Court's Order of February 18, 2014, and Final Judgment of February 20, 2014. The Court will issue an amended Order. By Judge Philip A. Brimmer on 2/27/2014.(klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 13-cv-02165-PAB-MEH
DENNIS SLADEK,
Plaintiff,
v.
TOWN OF PALMER LAKE, COLORADO,
Defendant.
_____________________________________________________________________
ORDER
_____________________________________________________________________
This matter comes before the Court on Defendant Town of Palmer Lake,
Colorado’s Unopposed Motion for Clarification of Court’s Order of February 18, 2014,
and Final Judgment of February 20, 2014 [Docket No. 73], wherein the Town of Palmer
Lake, Colorado seeks clarification regarding the Court’s Order of February 18, 2014.
There was, in fact, a typographical error in the Court’s Order. The words “as
moot” were deleted from the end of paragraph three on the second page. The Court
dismissed the claims of plaintiff on the first basis identified in the Recommendation of
United Magistrate Judge Michael E. Hegarty [Docket No. 69] and the first basis
identified in the Town of Palmer Lake’s motion to dismiss [Docket No. 41], namely, that
plaintiff’s claims were rendered moot by the repeal of Palmer Lake’s ordinance. As a
result, the Court lacks subject matter jurisdiction over plaintiff’s claims and dismissal
without prejudice is appropriate. See Brereton v. Bountiful City Corp., 434 F.3d 1213,
1216 (10th Cir. 2006) (“where the district court dismisses an action for lack of

jurisdiction, . . . the dismissal must be without prejudice”). Given that it lacked subject
matter jurisdiction, the Court did not rule on the alternative bases identified in the
Recommendation. The fact that the title of plaintiff’s motion contains the phrase “with
prejudice” is irrelevant. As noted above, plaintiff’s primary argument was lack of subject
matter jurisdiction.
Wherefore, it is
ORDERED that Defendant Town of Palmer Lake, Colorado’s Unopposed Motion
for Clarification of Court’s Order of February 18, 2014, and Final Judgment of
February 20, 2014 [Docket No. 73] is granted to the extent that the Court has provided
clarification of its February 21, 2014 Order. The Court will issue an amended Order.

DATED February 27, 2014.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

2