Free Motion to Dismiss - District Court of Colorado - Colorado

Case 1:01-cv-01164-PSF-PAC

Document 227

Filed 03/23/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 01-F-1164 (PAC) SAID AHMAD, Plaintiff, v. MIKE EHRMANN, ROBERT FURLONG, JOHN WATTS, and GARY GOLDER, Defendants.

STIPULATED MOTION TO DISMISS

Come Now, Plaintiff through his lawyer James P. Rouse, Esq., of Rouse & Associates, P.C. and the State Defendants Mike Ehrmann, Robert Furlong and Gary Golder, by and through their attorney, Edward T. Farry, Jr., of FARRY and RECTOR, L.L.P., and hereby submit this Stipulated Motion to Dismiss this action. This motion is made pursuant to Rule 41. The plaintiff wants to dismiss this action and the defendants have no objection to a dismissal. Defendant John Watts has been previously dismissed from this action. The United States intervened in this case solely to argue RLUIPA constitutionality issues raised by the State Defendants in their motion to dismiss. Those issues are moot in light of Cutter v. Wilkinson, 544 U.S. 709 (2005) holding RLUIPA constitutional. Consequently, this action may be dismissed pursuant to Rule 41. WHEREFORE, plaintiff Said Ahmad and defendants Mike Ehrmann, Robert Furlong, 1

Case 1:01-cv-01164-PSF-PAC

Document 227

Filed 03/23/2006

Page 2 of 2

and Gary Golder respectfully request that the Court dismiss this action, each side to pay their own attorney fees and costs. Respectfully submitted March 22, 2006.

s/Ewdard T. Farry Edward T. Farry, Jr.#8273 Attorney for Ehrmann, Furlong and Golder 131 South Weber Street Colorado Springs, CO 80903 (719) 578-2000 telephone (719) 578-1794 facsimile

s/James P. Rouse James P. Rouse, Esq. Attorney for plaintiff Said Ahmad Rouse & Associates, P.C. 7400 E. Orchard Road, Suite 3000 Greenwood Village, CO 80111

CERTIFICATE OF SERVICE I hereby certify that on March 23, 2006, a copy of the foregoing was served on each of the following at the indicated address by first class U.S. mail, postage prepaid: Alberto Gonzales United States Attorney General 950 Pennsylvania NW Suite 700 Washington, DC 20530 Jefferey D. Kahn, Esq. United States Department of Justice Civil Division 20 Massachusetts Avenue, NW, #7226 P.O. Box 883 Washington, DC 20530

s/Joan Bailey

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