Opinion
Civil Case No. 09-cv-01857-PAB-MJW.
September 10, 2010
ORDER
THIS MATTER comes before the Court upon the Stipulated Motion for Partial Dismissal [Docket No. 61]. The Court has reviewed the pleading and is fully advised in the premises. It is
ORDERED that the Stipulated Motion for Partial Dismissal [Docket No. 61] is GRANTED. It is further
ORDERED that, pursuant to Fed.R.Civ.P. 41(a), all claims against defendant Russell Caterinicchio, in his individual and official capacities, are dismissed with prejudice, with each party to bear its own attorneys' fees and costs. It is further
ORDERED that, pursuant to Fed.R.Civ.P. 41(a), all claims against defendant Town of Oak Creek, Colorado, with the exception of the Twelfth Claim for Relief for respondeat superior liability for the state tort claims for relief that remain against defendant Erik Foster, are dismissed with prejudice, with each party to bear its own attorneys' fees and costs.
DATED September 10, 2010.