HomeMy WebLinkAbout2018CV125 - Rory Heath V. City Of Fort Collins, Et Al - 016D - Proposed OrderDistrict Court, Larimer County, Colorado
Larimer County Justice Center;
201 La Porte Avenue, Suite 100,
Fort Collins, CO 80521
Phone: (970) 494-3500
COURT USE ONLY
Plaintiff, Pro Se:
RORY HEATH AS AN INDIVIDUAL PLAINTIFF AND
ON BEHALF OF OTHER CONCERNED RESIDENTS
AND PARTIES,
v.
Defendants:
CITY OF FORT COLLINS CITY COUNCIL; CITY OF
FORT COLLINS, RIPLEY DESIGN, INC.; ELIZABETH
STREET CO. OWNER, LLC
Case Number: 18CV125
Courtroom: 5A
ORDER RE: DEFENDANT’S MOTION TO DISMISS FOR FAILURE TO STATE A
CLAIM UPON WHICH RELIEF MAY BE GRANTED
THIS MATTER, having come before the Court on the motion of Defendant Ripley
Design, Inc., a Colorado corporation (“Ripley”), and the Court being duly advised in the
premises, hereby FINDS AND ORDERS as follows:
1. There is no facial plausibility to Plaintiff’s claims against Ripley as a defendant in this
action.
2. The Court, after taking the material facts in this litigation as true, finds that Plaintiff has
no grounds for asserting any claims against Ripley as defendant in this action as Ripley is
not an indispensable, necessary, or appropriate party.
WHEREFORE, the Court dismisses Ripley as a defendant in this action without
prejudice because Plaintiff has failed to state a claim upon which relief may be granted against
Ripley.
DONE this ____ day of ______________, 2018.
BY THE COURT:
____________________________
DISTRICT COURT JUDGE
DATE FILED: August 17, 2018 3:30 PM
FILING ID: CA75241FE5336
CASE NUMBER: 2018CV125