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HomeMy WebLinkAbout2017CV493 - Howard V. City Of Fort Collins, Et Al - 026 - Stipulated Motion For Dismissal Of Defendant City Of Fort CollinsIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:17-cv-00493-RPM EUGENE HOWARD, Plaintiff, v. CITY OF FORT COLLINS, Defendant. STIPULATED MOTION FOR DISMISSAL OF DEFENDANT CITY OF FORT COLLINS Plaintiff, Eugene Howard, by and through his attorney, MARK S. BOVE of the law firm MARK S. BOVE, P.C. and Defendants, City of Fort Collins and Kathleen Walker, by and through its and her attorneys, CATHY HAVENER GREER, and KATHERINE M.L. PRATT of WELLS, ANDERSON & RACE, LLC, and JENNY LOPEZ FILKINS, SENIOR ASSISTANT CITY ATTORNEY, CITY OF FORT COLLINS, hereby submit this Stipulated Motion for Dismissal of Defendant, City of Fort Collins with prejudice pursuant to Fed. R. Civ. P. 41, as follows: 1. Any and all claims asserted against Defendant, City of Fort Collins, as set forth in Plaintiff’s Complaint and Jury Demand, and all other pleadings shall be dismissed with prejudice; 2. Defendant City of Fort Collins should be dismissed from this action with prejudice with each party to pay its own attorneys fees and costs. Case 1:17-cv-00493-RPM Document 26 Filed 11/27/17 USDC Colorado Page 1 of 3 2 WHEREFORE, the parties respectfully request that the Court enter an Order dismissing Defendant City of Fort Collins with prejudice. Respectfully submitted this 27th day of November, 2017. MARK S. BOVE, P.C. S/ Mark S. Bove Mark S. Bove 730 17th Street, Suite 365 Denver, CO 80202 T: 303-393-6666 Email: msbove@aol.com ATTORNEY FOR PLAINTIFF WELLS, ANDERSON & RACE, LLC S/ Cathy Havener Greer Cathy Havener Greer Katherine M.L. Pratt 1700 Broadway, Suite 1020 Denver, CO 80290 T: 303-830-1212 Email: cgreer@warllc.com Email: kpratt@warllc.com S/ Jenny L. Lopez Filkins Jenny L. Lopez Filkins City Attorney's Office-Fort Collins P.O. Box 580 Fort Collins, CO 80522 T: 970-416-2284 Email: jlopezfilkins@fcgov.com ATTORNEYS DEFENDANTS Case 1:17-cv-00493-RPM Document 26 Filed 11/27/17 USDC Colorado Page 2 of 3 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on November 27, 2017, a true and correct copy of the above and foregoing STIPULATED MOTION FOR DISMISSAL OF DEFENDANT CITY OF FORT COLLINS was electronically filed with the Clerk of Court using the CM/ECF system, which will send notification of such filing to the following email addresses: Mark S. Bove, Esq. Mark S. Bove, P.C. 730 17th Street, Suite 365 Denver, CO 80202 Email: msbove@aol.com ATTORNEY FOR PLAINTIFF S/ Barbara McCall Barbara McCall Email: bmccall@warllc.com Case 1:17-cv-00493-RPM Document 26 Filed 11/27/17 USDC Colorado Page 3 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:17-cv-00493-RPM EUGENE HOWARD, Plaintiff, v. CITY OF FORT COLLINS, Defendants. ORDER OF DISMISSAL OF DEFENDANT CITY OF FORT COLLINS THIS MATTER COMES before the Court on the Stipulated Motion for Dismissal of Defendant City of Fort Collins with Prejudice pursuant to Fed. R. Civ. P. 41. After carefully reviewing the file in this matter, I find that the Stipulated Motion should be granted and Defendant City of Fort Collins should be dismissed with prejudice from this action. Accordingly, it is ORDERED that the Stipulated Motion for Dismissal of Defendant, City of Fort Collins is GRANTED. Defendant, City of Fort Collins is DISMISSED WITH PREJUDICE from this proceeding, and each party to pay its own attorney fees and costs. SO ORDERED this ______ day by _________, 2017. BY THE COURT: ______________________________ United States District Court Judge Case 1:17-cv-00493-RPM Document 26-1 Filed 11/27/17 USDC Colorado Page 1 of 1