Free Motion to Dismiss Party - District Court of Colorado - Colorado

Case 1:04-cv-01107-REB-CBS

Document 44

Filed 02/09/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No.: 04-cv-1107-REB-CBS ELIZABETH MEDINA, Individually as mother of and as Personal Representative of the Estate of LUCAS de HERRERA, and MARGARITO de HERRERA, Individually as father of LUCAS de HERRERA, v. Plaintiffs,

BOARD OF COUNTY COMMISSIONERS, ALAMOSA COUNTY, COLORADO, in both their individual capacities; SHERIFF DAVID STONG, in his individual capacity; UNDERSHERIFF JOHN BIANCA, in his individual capacity; SGT. RON GOODMAN, in his individual capacity; FORMER DEPUTY RICK MARTINEZ, in his individual capacity; DEPUTY LISA BENEVIDEZ, in her individual capacity; CORPORAL GARY THOMAS, in his individual capacity. Defendants. JOINT MOTION TO DISMISS DEFENDANT RICK MARTINEZ WITH PREJUDICE Plaintiffs, by and through their counsel, David Lane and Marcel Krzystek of KILLMER, LANE & NEWMAN, LLP, and Defendants, by and through their counsel, Jonathan Cross and Sean Lane of CROSS & LEICHTY, P.C., hereby file this Joint Motion to Dismiss Defendant Rick Martinez With Prejudice, and in support thereof state as follows: 1. Discovery has been completed in this case and Plaintiffs no longer wish to pursue their claim against Defendant Rick Martinez. 2. All parties agree to bear their respective fees and costs associated with the litigation and dismissal of Defendant Rick Martinez.

Case 1:04-cv-01107-REB-CBS

Document 44

Filed 02/09/2006

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3. It is therefore respectfully requested that this Court enter an order dismissing Defendant Rick Martinez from this case with prejudice. WHEREFORE, it is respectfully requested that this Court grant this motion and for any other relief that this Court deems just and proper. Respectfully submitted this 9th day of February, 2006. KILLMER, LANE & NEWMAN, LLP s/ Marcel Krzystek ___________________________ Marcel Krzystek, Esq. 1543 Champa Street, Suite 400 Denver, CO 80202 (303) 571-1000 CROSS & LEICHTY, PC s/ Jonathan A. Cross ___________________________ Jonathan A. Cross, Esq. Sean J. Lane, Esq. 400 S. Colorado Blvd., Suite 900 Denver, CO 80246 (303) 333-4122 CERTIFICATE OF SERVICE I hereby certify that on February 9, 2006, I electronically filed the foregoing JOINT MOTION TO DISMISS DEFENDANT RICK MARTINEZ 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:
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Jonathan Ariel Cross [email protected] [email protected] Stefani Goldin [email protected] [email protected] Marcel Krzystek [email protected] [email protected] David Arthur Lane [email protected] [email protected] 2

Case 1:04-cv-01107-REB-CBS

Document 44

Filed 02/09/2006

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Sean James Lane [email protected] [email protected]

and I hereby certify that I have mailed or served the document or paper to the following participants in the manner (mail, hand-delivery, etc.) indicated by the non-participant's name: Elizabeth Medina deHerrera Margarito deHerrera P.O. Box 521 San Luis, Colorado 81152 (via U.S. mail) KILLMER, LANE & NEWMAN, LLP /s/ Marcel Krzystek _______________________________ Marcel Krzystek Killmer, Lane & Newman, LLP 1543 Champa Street, Suite 400 Denver, CO 80202 Telephone (303) 571-1000 [email protected]

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