Dana v. Anderson et al

Filing 10

OPINION and ORDER by the Honorable Alan B Johnson denying 3 Motion to Dismiss Case. Order setting intial pretrial to follow. (Court Staff, sth)

IN THE UNITED STATES DISTRICT COURT

PILED

U.S. DISTRICT COURT

FOR THE DISTRICT OF WYOMING DISTRICT OF WYOMING
?G1G FEB 17

PPl 2 50

STEPHAH HARRIS, CLERK
CHEYENNE

MICHAEL DANA

Plaintiff,

Case No. 14-CV-223-J

CORY O. ANDERSON, CODY R.
ANDERSON, and MERLIN
ANDERSON

Defendants.

OPINION AND ORDER DENYING DEFENDANTS' MOTION

Defendants' Motion to Dismiss (Doc. 3) and Plaintiffs opposition there to (Doc.

8) have come before the Court for consideration.

After reviewing the parties'

submissions, the applicable law, and being fully advised, the Court finds that the motion
should be DENIED for the reasons stated below.
BACKGROUND AND PARTIES' ARUGMENTS

On November 6, 2014, Plaintiff filed a Complaint alleging that Defendants caused

Plaintiff serious bodily injury during a physical altercation over a pasture gate. Doc. 1.
Plaintiff alleges that during the altercation. Defendants beat him while he was

unconscious. Id. Plaintiff seeks punitive damages, medical damages, damages for past