Free Motion to Dismiss - District Court of Colorado - Colorado

Case 1:04-cv-00722-LTB-MJW

Document 39

Filed 08/24/2005

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No.: 04-cv-00722-LTB-MJW BARBARA J. ADRIAENS, Plaintiff, v. NORTH METRO DRUG TASK FORCE ("NMDTF"); THE CITY OF NORTHGLENN; THE CITY OF THORNTON; LIEUTENANT LORI MORIARTY, Commander of the NMDTF, in her individual capacity; DETECTIVE JORGE VILLEGOS, a law enforcement officer assigned to the NMDTF, in his individual capacity; SERGEANT JIM GERHARDT, a law enforcement officer assigned to the NMDTF, in his individual capacity; DETECTIVE CHARLES SCHOEPFTIN, a law enforcement officer assigned to the NMDTF, in his individual capacity; LEO GUILLIANO, Assistant Fire Chief of the Thornton Fire Department, in his individual capacity; RICK AMEND, Lieutenant of the Thornton Fire Department, in his individual capacity; JOHN DOE , a supervisor of the Northglenn/Thornton SWAT Team, in his individual capacity, Defendants.

UNOPPOSED MOTION BY PLAINTIFF TO DISMISS DEFENDANTS MORIARTY, VILLEGAS (INCORRECTLY IDENTIFIED ABOVE), GERHARDT, SCHOEPFLIN (INCORRECTLY IDENTIFIED ABOVE), GIULIANO (INCORRECTLY IDENTIFIED ABOVE), AMEND AND DOE

CERTIFICATION PURSUANT TO D.C.COLO.L.Civ.R.7.1A Counsel for Plaintiff certifies that counsel for the Defendants have agreed that this Motion shall be unopposed. Plaintiff, by and through her attorneys, hereby moves this Court for a dismissal of Defendants Moriarty, Villegas, Gerhardt, Schoepflin, Guiliano, Amend and Doe. Said dismissal

Case 1:04-cv-00722-LTB-MJW

Document 39

Filed 08/24/2005

Page 2 of 3

will be with prejudice, and all parties will bear their own costs and attorney's fees. The only remaining Defendants will be the North Metro Task Force and the Cities of Thornton and Northglenn. Respectfully submitted,

s/Norton Cutler Norton Cutler Perkins Coie, LLP 1899 Wynkoop Street, Suite 700 Denver, CO 80202-1043 Telephone: (303) 291-2300 Fax: (303) 291-2400 Emails: [email protected] Attorneys for Plaintiff

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Case 1:04-cv-00722-LTB-MJW

Document 39

Filed 08/24/2005

Page 3 of 3

CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on August 24, 2005, I electronically filed the foregoing Unopposed Motion By Plaintiff To Dismiss Defendants Moriarty, Villegas (Incorrectly Identified Above), Gerhardt, Schoepflin (Incorrectly Identified Above), Giuliano (Incorrectly Identified Above), Amend And Doe with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail address: Mark Silverstein, Esq.- [email protected] Marni Nathan Kloster, Esq. ­ [email protected] Herbert C. Phillips, Esq. - [email protected] David Bruno, Esq.- [email protected] Margaret Miller, Esq.- [email protected]

s/Norton Cutler______ Norton Cutler Attorney for Plaintiff Perkins Coie, LLP 1899 Wynkoop Street, Suite 700 Denver, CO 80202-1043 Telephone: (303) 291-2300 Fax: (303) 291-2400 E-mail: [email protected]

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