Gammons v. City of Denver

Full title: DENEEN R. GAMMONS, Plaintiff, v. CITY OF DENVER, COLORADO, a municipal…

Court: United States District Court, D. Colorado

Date published: Jun 21, 2010

Civil Action No. 10-cv-00506-CMA-BNB (D. Colo. Jun. 21, 2010)

Opinion

Civil Action No. 10-cv-00506-CMA-BNB.

June 21, 2010

ORDER GRANTING MOTION TO DISMISS

CHRISTINE ARGUELLO, District Judge

This matter is before the Court on Plaintiff Deneen R. Gammons's (Unopposed) Motion to: Dismiss Complaint (Without Prejudice), for Revision and Refiling Within All Applicable Statutes of Limitations for Plaintiff's Claims (Doc. # 23).

Given the factual deficiencies in the Complaint, as highlighted by Defendants in their Motion to Dismiss (Doc. # 9), and Plaintiff's desire to further investigate her claims, Plaintiff's Motion (Doc. # 23) is hereby GRANTED.

Although Plaintiff's Motion is labeled "Unopposed," Plaintiff acknowledges that she did not confer with counsel prior to the filing of the instant Motion, contrary to D.C.COLO.LCivR 7.1. The Court will make a one-time exception; counsel is directed to make every effort to comply with Rule 7.1 in the future.

Accordingly, IT IS ORDERED THAT:

1. Plaintiff's Motion to Dismiss Complaint Without Prejudice (Doc. # 23) is GRANTED;

2. Plaintiff's Complaint (Doc. # 1) is DISMISSED WITHOUT PREJUDICE.