Nielander v. Board of County Commissioners of the County of Republic, Kansas et al

Filing 105

AMENDED MEMORANDUM AND ORDER DIRECTING ENTRY OF JUDGMENT re: 103 Motion for Relief. Signed by District Judge Julie A. Robinson on 12/17/2008. (mkc)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS FRANK J. NIELANDER, ) ) Plaintiff, ) v. ) ) BOARD OF COUNTY COMMISSIONERS OF) THE COUNTY OF REPUBLIC, KANSAS, ) MARK NORDELL, JOSHUA PEREZ, ) BETH REED, and FRANK SPURNEY in his ) individual capacity and in his official capacity ) as the REPUBLIC COUNTY ATTORNEY, ) ) Defendants. )

Case No. 06-2013-JAR

AMENDED MEMORANDUM AND ORDER DIRECTING ENTRY OF JUDGMENT This matter comes before the Court on Defendant's Motion for Rule 60(a) Relief (Doc. 103) and the Tenth Circuit Court of Appeals' Order of December 2, 2008 (Doc. 104) granting this Court leave to rule on the Defendants' motion. The Court finds that good cause exists and hereby orders that its Memorandum and Order (Doc. 93) be amended and clarified by eliminating the final two sentences on page 8 of that Order and replacing them with the following: IT IS THEREFORE ORDERED that the Defendants' Motion for Summary Judgment (Doc. 59) is GRANTED as to all federal claims. IT IS FURTHER ORDERED that Defendants' Motion for Summary Judgment is GRANTED as to all state claims against Defendants Beth Reed and Joshua Perez.

Defendant Spurney's Motion to Dismiss all state and federal claims against him has previously been granted. IT IS FURTHER ORDERED that Plaintiff's only remaining claims, state law malicious prosecution and conspiracy against Nordell and Republic County, are dismissed without prejudice. THE COURT FURTHER DIRECTS the Clerk of Court to enter an Amended Entry of Judgment (Doc. 94) to enter judgment in accordance with the foregoing. IT IS SO ORDERED. Dated: December 17, 2008 S/ Julie A. Robinson JULIE A. ROBINSON UNITED STATES DISTRICT JUDGE

Respectfully submitted by: FOULSTON SIEFKIN LLP By: _/s/ Tara S. Eberline Tara S. Eberline, #22576 Wendell F. Cowan, #08227 9 Corporate Woods, Suite 450 9200 Indian Creek Parkway Overland Park, Kansas 66210-2017 Telephone: [phone] Fax: [phone] Email: [e-mail] Email: [e-mail] ATTORNEYS FOR DEFENDANTS

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Approved by: Fisher, Patterson, Sayler & Smith, L.L.P. By: /s/ David R. Cooper, #16690 Teresa L. Watson, #16654 3550 S.W. 5th St. P.O. Box 949 Topeka, Kansas 66601-0949 Telephone: [phone] Email: [e-mail] [e-mail] ATTORNEYS FOR PLAINTIFF

Respectfully submitted by: FOULSTON SIEFKIN LLP By: _/s/ Tara S. Eberline Tara S. Eberline, #22576 Wendell F. Cowan, #08227 9 Corporate Woods, Suite 450 9200 Indian Creek Parkway Overland Park, Kansas 66210-2017 Telephone: [phone] Fax: [phone] Email: [e-mail] Email: [e-mail] ATTORNEYS FOR DEFENDANTS -4-

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Approved by: Fisher, Patterson, Sayler & Smith, L.L.P. By: /s/ David R. Cooper, #16690 Teresa L. Watson, #16654 3550 S.W. 5th St. P.O. Box 949 Topeka, Kansas 66601-0949 Telephone: [phone] Email: [e-mail] [e-mail] ATTORNEYS FOR PLAINTIFF

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