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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 Before the Court was able to address the motions, responses and replies the defendants have rescinded effectively terminated the facial covering requirement, apparently due to information disseminated by the Case 1:20-cv-02192-RBJ Document 46 Filed 06/08/21 USDC Colorado Page 1 of 2 2 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 Case 1:20-cv-02192-RBJ Document 46 Filed 06/08/21 USDC Colorado Page 2 of 2