Free Motion to Dismiss - District Court of Colorado - Colorado

Case 1:04-cv-01002-MSK-CBS

Document 240

Filed 06/28/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO 04-cv -1002- MK-CBS Donja Vaughn, Plaintiff v. Simms Rhea, et al. Defendants : : : : : :

UNOPPOSED MOTION TO DISMISS MALICIOUS PROSECUTION CLAIM Plaintiff, by and through her counsel, avers as follows: 1. Plaintiff never pled a Malicious Prosecution claim in her complaint nor in her proposed amended complaint. Nevertheless, the court found in its May 30, 2006 opinion and order that such a claim remained for trial. Plaintiff never in the past intended to and will not pursue a malicious prosecution claim. This motion is unopposed, and seeks relief as per Rule 41 (a) (2) F.R.C.P. WHEREFORE, Plaintiff seeks relief in the form of the attached order. Date: June 28, 2006 s/ J. Michael Considine, Jr. J. Michael Considine, Jr. CO Reg. No. 029253 12 East Barnard Street, Suite 100 West Chester, PA 19382 (610)431-3288 Counsel for Plaintiff

CERTIFICATE OF SERVICE I, J. Michael Considine, Jr., hereby certify that I electronically filed a true and correct copy UNOPPOSED MOTION TO DISMISS MALICIOUS PROSECUTION CLAIM to the following counsel of record on the date indicated below: Kathleen L. Spalding, Asst. Attorney General, State Services Building, 1525 Sherman Street, 5th Floor, Denver, CO 80202,

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Case 1:04-cv-01002-MSK-CBS

Document 240

Filed 06/28/2006

Page 2 of 3

and Jack B. Robinson, Spies, Powers & Robinson, P.C., 1660 Lincoln Street, Suite 2220, Denver, CO 80264 Date: June 28, 2006 s/J. Michael Considine, Jr. J. Michael Considine, Jr.

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Case 1:04-cv-01002-MSK-CBS

Document 240

Filed 06/28/2006

Page 3 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO 04-cv -1002- MK-CBS Donja Vaughn, Plaintiff v. Simms Rhea, et el. Defendants : : : : : : ORDER AND NOW, this __________ day of _______________________________, 2006, upon consideration of Unopposed Motion to Dismiss the Malicious Prosecution Claim only, said motion is GRANTED. The malicious prosecution claim is DISMISSED. IT IS SO ORDERED. BY THE COURT: _______________________________ Marcia Kreiger, U.S.D. Judge

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