HomeMy WebLinkAbout2020CV2192 - Donna Walter & Mark Milliman V. Governor Jared Polis, Jeffrey J. Zayach, Tom Gonzalez, And Darin Atteberry - 046 - Order To Show Cause1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge R. Brooke Jackson
Civil Action No. 1:20-cv-02192-RBJ
DONNA WALTER and
MARK MILLIMAN,
Plaintiffs,
v.
GOVERNOR JARED POLIS, in his official capacity as Governor of Colorado,
JEFFREY J. ZAYACH, in his official capacity as Executive Director, Boulder County Public
Health,
TOM GONZALEZ, in his official capacity as Director, Larimer County Dept. of Health and
Environment,
DARIN ATTEBERRY, in his official capacity as City Manager, City of Fort Collins,
Defendants.
ORDER TO SHOW CAUSE
In this case plaintiffs object to state and local orders requiring the use of facial coverings
in certain public places as a health and safety measure during the COVID-19 pandemic. They
seek declaratory and injunctive relief. Motions to dismiss for failure to state a claim have been
filed by defendants Polis, Attebury and Zayach, ECF Nos. 23, 24 and 25. A response has been
filed. ECF No. 30. Replies have been filed. ECF Nos. 40, 41 and 42. Before the Court was
able to address the motions, responses and replies the defendants have rescinded effectively
terminated the facial covering requirement, apparently due to information disseminated by the
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Centers of Disease Control and Prevention. Accordingly, following this Court’s practice
standards for motions to dismiss, defendant Polis on behalf of all defendants has now submitted a
letter of intent to file another motion to dismiss, this time on grounds of mootness. Under the
Court’s practice standards, plaintiffs have seven days to file a responsive letter. The Court now
orders the plaintiff to show cause, either in its letter response or separately but no later than June
14, 2021 as to why this action should not be dismissed without prejudice as moot.
DATED this 8th day of June, 2021.
BY THE COURT:
___________________________________
R. Brooke Jackson
United States District Judge
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