Saxton et al v. Lucas et al

Filing 84

FINAL JUDGMENT in favor of Defendants and against Plaintiffs by Clerk on 2/26/2016. (vbarn)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 15-cv-00255-CMA-MJW
LAURA SAXTON and
DOUG SCHELLING, as the surviving parents of Kelsie Schelling, decedent,
Plaintiff,
v.
DONTHE LUCAS,
SARA LUCAS,
VIVIAN LUCAS,
DAWN SHAY LUCAS,
DETECTIVE NEAL ROBINSON, in his individual capacity,
SERGEANT KEN ESPINOZA, in his individual capacity,
DEPUTY POLICE CHIEF ANDREW McLACHLAN, in his individual capacity, and
CITY OF PUEBLO, COLORADO,
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 Adopting October 26, 2015 and November 23, 2015
Recommendations of United States Magistrate Judge of Judge Christine M. Arguello
entered on February 26, 2016 it is

ORDERED that Plaintiff’s Objections (Doc. #73) are OVERRULED. It is
FURTHER ORDERED that the Recommendations of Magistrate Judge
Watanabe (Docs. ## 65 and 70) are AFFIRMED and ADOPTED as an Order of this
Court. Pursuant to those Recommendations, it is
FURTHER ORDERED that the Pueblo Defendants’ Motion to Dismiss (Doc. #
38) is granted in part and denied in part. Specifically, Claims Two, Three, and Four are
DISMISSED WITH PREJUDICE as against the Pueblo Defendants. It is
FURTHER ORDERED that the Lucas Defendants’ Motions to Dismiss (Docs. ##
60, 62, 63, 64) are granted as to Claim Four against the Lucas Defendants, but denied
as to Claim One. Accordingly, Claim Four is DISMISSED WITH PREJUDICE against
the Lucas Defendants. It is
FURTHER ORDERED that because the Court will not exercise pendent
jurisdiction over Plaintiffs’ remaining state law claim, Claim One is hereby DISMISSED
WITHOUT PREJUDICE. It is
FURTHER ORDERED that this case is hereby dismissed in its entirety. It is

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FURTHER ORDERED that Defendants shall have their costs by the filing of a Bill
of Costs with the Clerk of this Court within fourteen (14) days of entry of judgment, and
pursuant to the procedures set forth in Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR
54.1
DATED: February 26, 2016
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
By: s/ V. Barnes
V. Barnes
Deputy Clerk

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