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16-2915 - Cornell et al v. Denver C.A.R.E.S. et al


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16-2915 - Cornell et al v. Denver C.A.R.E.S. et al
April 13, 2017
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ORDER. ORDERED that Plaintiffs' Partially Unopposed Motion for Extension of Time to File Responses to Defendants Motions to Dismiss and to Extend Time to File Amended Complaint Pursuant to Fed. R. Civ. P. 15(a)(1)(B) 43 is GRANTED. Plaintiffs may file an amended complaint as a matter of course or respond to defendants' motions to dismiss on or before May 1, 2017. Signed by Judge Philip A. Brimmer on 04/13/17. (jhawk, )
March 14, 2018
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ORDER. All claims by plaintiffs Michael Cornell, Lauren Rodriguez, and Jeremy Cordova and all claims against defendants John Does #3 and #4 are dismissed with prejudice. The Motion to Dismiss Plaintiffs' First Amended Complaint and Jury Demand 61 is GRANTED in part and DENIED in part. Plaintiff Jon Banks' first claim, second claim (insofar as it is based on the United States Constitution), and third claim against defendants Paul Rose and Alicia Portillo are dismissed without prejudice on the basis of qualified immunity. Plaintiff Jon Banks' first claim, second claim (insofar as it is based on the United States Constitution), and third claim against defendant Denver C.A.R.E.S. are dismissed without prejudice pursuant to Fed. R. Civ. P. 12(b)(6). Because the Court declines to exercise supplemental jurisdiction, plaintiff Jon Banks' second claim, insofar as it is based on the Colorado Constitution, and plaintiff Jon Banks' fourth claim are dismissed without prejudice. Within 14 days of the entry of this Order, defendants may have their costs by filing a Bill of Costs with the Clerk of the Court. This case is closed.By Judge Philip A. Brimmer on 3/13/18. (pabsec)