Free Motion to Dismiss - District Court of Colorado - Colorado

Case 1:00-cv-02555-JLK-BNB

Document 118

Filed 09/28/2007

Page 1 of 3

THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 00-cv-02555-JLK-BNB PAMELA CLIFTON Plaintiff, v. NURSE ILONA EUBANK, in her individual capacity; OFFICER ANAYA, in her individual capacity; OFFICER WILKS, in her individual capacity, Defendants. ______________________________________________________________________________ JOINT STIPULATED MOTION TO DISMISS WITH PREJUDICE ______________________________________________________________________________ Plaintiff Pamela Clifton, by and through his counsel, David A. Lane, Esq., of Killmer, Lane, & Newman, LLP, and Defendants Ilona Eubank, Dawn Anaya, and Iria Wilks, by and through counsel, Thomas J. Lyons, Esq. of Hall & Evans, L.L.C., hereby submit this Joint Stipulated Motion to Dismiss this matter, with prejudice, stating as follows: The parties to this action hereby move the Court for an Order dismissing this matter in its entirety, with prejudice, each party to bear its, his or her own costs and fees, including attorney fees, in their entirety. The parties have resolved all disputes associated with this litigation. An Order from the Court to this effect is requested, as reflected by the attached proposed Order.

Case 1:00-cv-02555-JLK-BNB

Document 118

Filed 09/28/2007

Page 2 of 3

WHEREFORE, the parties to this action move the Court for an Order dismissing this matter in its entirety, with prejudice, each party to bear its, his or her own costs and fees, including attorney fees, in their entirety, as well as for such other and further relief as this Court believe just and appropriate. Dated this 28th day of September 2007. Respectfully submitted,

s/ David A. Lane _____ David A. Lane, Esq. Killmer, Lane, & Newman, LLP 1543 Champa Street, Ste. 400 Denver, Colorado 80202 Phone: (303) 571-1000 Fax: (303) 331-6967 [email protected] ATTORNEYS FOR PLAINTIFF

s/ Thomas J. Lyons_________ Thomas J. Lyons, Esq. Hall & Evans, L.L.C. 1125 17th Street, Suite 600 Denver, Colorado 80202-2052 Phone: (303) 628-3300 Fax: (303) 293-3238 [email protected] ATTORNEYS FOR DEFENDANTS

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Case 1:00-cv-02555-JLK-BNB

Document 118

Filed 09/28/2007

Page 3 of 3

CERTIFICATE OF SERVICE (CM/ECF) I HEREBY CERTIFY that on this 28th day of September 2007, I electronically filed the foregoing JOINT STIPULATED MOTION TO DISMISS WITH PREJUDICE with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: David Arthur Lane [email protected] Mari Anne Newman [email protected] and I hereby certify that I have mailed or served the document or paper to the following non CM/EFC participants in the manner indicated by the non-participant's name: Marsha Edney, Esq. U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Ave N.W., #7148 Washington, DC 20530

s/Marlene Wilson, Legal Secretary to Thomas J. Lyons, Esq. HALL & EVANS, L.L.C. 1125 17th Street, Suite 600 Denver, Colorado 80202-2052 Phone: (303) 628-3300 Fax: (303) 628-3368 [email protected] [email protected] ATTORNEYS FOR DEFENDANTS ILONA EUBANK, OFFICER ANAYA, and OFFICER WILKS

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