Opinion
Civil Action No. 10-cv-02079-CMA-MJW
01-18-2012
GEMA MARTINEZ, Plaintiff, v. DENVER POLICE OFFICER MICHAEL GABRIELE, in his individual capacity, and DENVER POLICE OFFICER DAVID ARCHULETA, in his individual capacity, Defendants.
Judge Christine M. Arguello
ORDER DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT
This matter is before the Court on Plaintiff's Motion for Partial Summary Judgment (Doc. # 38), filed on August 1, 2011. Defendants responded on September 6, 2011, and Plaintiff replied on October 11, 2011. (Doc. ## 46, 52.) Upon review of the parties' briefing and the evidence referenced therein, it is apparent that there exist genuine issues of material fact that preclude a grant of summary judgment.
Accordingly, it is ORDERED that Plaintiff's Motion for Partial Summary Judgment (Doc. # 38) is DENIED.
The Court notes that the parties have appeared to change the caption sua sponte without filing a motion to amend the caption. Thus, it is FURTHER ORDERED that the caption on all subsequent filings shall be as set forth above, pursuant to this Court's Order (Doc. # 35), dated July 15, 2011.
BY THE COURT:
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CHRISTINE M. ARGUELLO
United States District Judge