Berry v. City of Montrose, Colorado et al., No. 1:2013cv01138 - Document 31 (D. Colo. 2014)

Court Description: FINAL JUDGMENT. ORDERED that judgment is hereby entered in favor of defendants CITY OF MONTROSE, MICHAEL L. WATSON, LARRY ABEYTA, and GARY CORAM. ORDERED that defendants are AWARDED their costs, to be taxed by the Clerk of the Court pursuant to Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1. ORDERED that this case is CLOSED by Clerk on 03//14/14. (jhawk, )

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Berry v. City of Montrose, Colorado et al. Doc. 31 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 13-cv-01138-PAB-KMT ROBERT SCOTT BERRY, Plaintiff, v. CITY OF MONTROSE, COLORADO, MICHAEL L. WATSON, Detective, Montrose Police Department, in his official capacity; LARRY ABEYTA, Detective, Montrose Police Department, in his official capacity; and GARY CORAM, Defendants. FINAL JUDGMENT In accordance with the orders filed during the pendency of this case, and pursuant to Fed. R. Civ. P. 58(a), the following Final Judgment is hereby entered. Pursuant to the Order [Docket No. 30] of Judge Philip A. Brimmer entered on March 12, 2014, it is ORDERED that defendant Gary Coram’s FED.R.CIV.P. 12(b)(6) Motion to Dismiss [Docket No. 17] is GRANTED in PART. Plaintiff’s third and fourth claims are dismissed without prejudice. It is FURTHER ORDERED that the Motion to Dismiss [Docket No. 19] filed by defendants City of Montrose, Michael L. Watson, and Lenny Abeyta is GRANTED in PART. Plaintiff’s first claim for relief is dismissed without prejudice. Plaintiff’s second claim for relief is dismissed with prejudice. It is Dockets.Justia.com FURTHER ORDERED that Plaintiff ROBERT SCOTT BERRY recover nothing. It is FURTHER ORDERED that judgment is hereby entered in favor of defendants CITY OF MONTROSE, MICHAEL L. WATSON, LARRY ABEYTA, and GARY CORAM. It is FURTHER ORDERED that defendants are AWARDED their costs, to be taxed by the Clerk of the Court pursuant to Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1. It is FURTHER ORDERED that this case is CLOSED. Dated at Denver, Colorado this 14th day of March, 2014. FOR THE COURT: JEFFREY P. COLWELL, CLERK s/Kathy Preuitt-Parks Kathy Preuitt-Parks Deputy Clerk

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