DARRELL FORTNER, and JENNIFER FORTNER, d/b/a Diamond/Dundee Tree Service, Plaintiffs,
v.
THE CITY OF COLORADO SPRINGS, MAYOR LIONEL RIVERA, individually and in his official capacity as Mayor of C/S, KATHY YOUNG, individually and in her official capacity as City Clerk of C/S, DARREL PEARSON, individually and in his official capacity as City Forrester of C/S, JAMES A. CHOATE, in his individual capacity as Sergeant for El Paso County Sheriff's Office, TERRY MAKETA, in his individual capacity as Sheriff of El Paso County, Colorado, and JAMES E. MCGANNON, individually and in his official capacity as City Forrester for the City of Colorado Springs, CO, Defendants.
United States District Court, D. Colorado.https://leagle.com/images/logo.png
March 21, 2012.
March 21, 2012.
Attorney(s) appearing for the Case
Darrell Fortner, Plaintiff, Pro Se.
City of Colorado Springs, actually named as The City of Colorado Springs, Defendant, represented by Kenneth Richard Hodges, Colorado Springs City Attorney's Office-South Nevada.
Lionel Rivera, Mayor of The City of Colorado Springs, in his official capacity, Defendant, represented by Kenneth Richard Hodges, Colorado Springs City Attorney's Office-South Nevada.
Lionel (I) Rivera, in his individual capacity, Defendant, represented by Kenneth Richard Hodges, Colorado Springs City Attorney's Office-South Nevada.
Kathryn Young, City Clerk for the City of Colorado Springs, in her official capacity, Defendant, represented by Kenneth Richard Hodges, Colorado Springs City Attorney's Office-South Nevada.
Kathryn (I) Young, in her individual capacity, Defendant, represented by Kenneth Richard Hodges, Colorado Springs City Attorney's Office-South Nevada.
Darrel Pearson, City Forester of C/S, in his official capacity, Defendant, represented by Kenneth Richard Hodges, Colorado Springs City Attorney's Office-South Nevada.
Darrel (I) Pearson, in his individual capacity, Defendant, represented by Kenneth Richard Hodges, Colorado Springs City Attorney's Office-South Nevada.
James (I) A. Choate, in his individual capacity, Defendant, represented by Amy R. Folsom, El Paso County Attorney's Office-Main Office.
Terry (I) Maketa, in his individual capacity, Defendant, represented by Amy R. Folsom, El Paso County Attorney's Office-Main Office.
James E. McGannon, in his official capacity as City Forrester for the City of Colorado Springs, CO, Defendant, represented by Kenneth Richard Hodges, Colorado Springs City Attorney's Office-South Nevada.
James (I) E. McGannon, individually, Defendant, represented by Kenneth Richard Hodges, Colorado Springs City Attorney's Office-South Nevada.
Shane White, Asst. City Attorney for the City of Colorado Springs, CO, in his official capacity, Defendant, represented by Kenneth Richard Hodges, Colorado Springs City Attorney's Office-South Nevada.
United States District Court, D. Colorado.
ORDER
BOYD N. BOLAND, Magistrate Judge.
This matter arises sua sponte. On December 3, 2009, defendants Choate and Maketa (the "County Defendants") filed a supplemental motion for summary judgment [Doc. #322] seeking dismissal of the plaintiffs' state law tort claims for failure to provide notice under the Colorado Governmental Immunity Act ("CGIA"). In recommending denial of the defendants' supplemental motion for summary judgment [Doc. #381], I found...
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