Gabriel v. City of Fountain, et al

Filing 46

ORDER DISMISSING PARTIES The Stipulation for Dismissal of Certain Claims/Parties with Prejudice 45 is approved. Mark (I) Knolmayer (in his individual capacity), Gregory Morris (as employee of the city of Fountain), Chris Heberer (in his official capacity as chief) and Mark Knolmayer (Officer, as an employee of the City of Fountain) were terminated. By Judge Robert E. Blackburn on 12/10/2015. (mlace, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 15-cv-01524-REB-CBS
VINCENT GABRIEL,
Plaintiff,
v.
CITY OF FOUNTAIN,
OFFICER MARK KNOLMAYER, in his individual capacity and as an employee of the
City of Fountain,
GREGORY MORRIS, as employee of the City of Fountain,
CHRIS HEBERER, in his official capacity as chief,
FOUNTAIN FIRE DEPT Response Team for date 7/15/2013 as individuals and as
employees of the City of Fountain,
Defendants.

ORDER DISMISSING PARTIES
Blackburn, J.
The matter is before me on the Stipulation for Dismissal of Certain
Claims/Parties with Prejudice [#45]1 filed December 9, 2015. After careful review of
the stipulation and the file, I conclude that the stipulation should be approved.
THEREFORE, IT IS ORDERED as follows:
1. That the Stipulation for Dismissal of Certain Claims/Parties with
Prejudice is approved;
2. That plaintiff’s claims against defendants, Officer Mark Knolmayer, Gregory

1

“[#45]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.

Morris, and Chris Heberer, in their official and/or individual capacities as alleged in
Counts 1, 2, 5, 7, 9, and paragraph 141 of the Complaint [#2] filed July 17, 2015, are
dismissed with prejudice;
3. That, to the extent other “counts” in the Complaint assert claims against
defendants, Knolmayer, Morris, and Heberer in their official and/or individual capacities,
those claims are dismissed with prejudice;
4. That plaintiff’s claims as alleged in Count 9 and paragraph 141 of the
Complaint against defendants, City of Fountain and Fountain Fire Dept, are dismissed
with prejudice;
5. That each party shall pay its own attorney fees and costs associated with the
claims and defendants dismissed in this order;
6. That the entirety of Count 9 and paragraph 141 of the Complaint are
dismissed with prejudice as to all defendants; and
7. That defendants, Mark Knolmayer, Gregory Morris, and Chris Heberer, are
dropped as parties to this action, and the caption shall be amended accordingly.
Dated December 10, 2015, at Denver, Colorado.
BY THE COURT:

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