HomeMy WebLinkAbout2017CV30903 - ILSE WESTPHAL V. CITY OF FORT COLLINS, ET AL - 015B - PROPOSED ORDERDISTRICT COURT, LARIMER COUNTY,
COLORADO
201 LaPorte Avenue, Suite 100
Fort Collins, CO 80521-2761
Phone: 970-498-6100
______________________________________________
Plaintiff:
ILSE G. WESTPHAL
v.
Defendants:
ANTHONY JOHN JANSA; JANSA TRUCKING, LLC,
a Colorado Limited Liability Company; JANSA
TRUCKING, LLC, a North Dakota Limited Liability
Company; THE CITY OF FORT COLLINS, a Colorado
municipal corporation
COURT USE ONLY
__________________________
Case No. 2017-CV-030903
Div. 3C
ORDER GRANTING DEFENDANT CITY OF FORT COLLINS’
MOTION TO DISMISS PURSUANT TO C.R.C.P. 12(b)(1) and C.R.S. § 24-10-106
THIS MATTER, having come before the Court upon Defendant City of Fort Collins’
Motion to Dismiss, and the Court, having reviewed said Motion, and being fully advised in the
premises, and for good cause shown, ORDERS as follows:
Defendant’s Motion is GRANTED. Plaintiff’s claims against City of Fort Collins are
dismissed with prejudice pursuant to C.R.C.P. 12(b)(1) and C.R.S. § 24-10-106, as the Court finds
that the City of Fort Collins is entitled to immunity and has not waived immunity; judgment is
therefore entered in is favor; and the City is granted leave to file a motion for recovery of costs
and reasonable attorney fees in accordance with applicable Colorado statutes and rules.
Dated this ____ day of ______________, 2017.
BY THE COURT:
_____________________________________
Judge
DATE FILED: November 30, 2017 3:34 PM
FILING ID: 9D3F1C7C6FAD6
CASE NUMBER: 2017CV30903
2