UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Honorable Marcia S. Krieger

Civil Action No. 11-cv-01942-MSK-CBS

BARTON ARBUTHNOT

BLENDA ARBUTHNOT

BLAINE ARBUTHNOT

PAMELA ARBUTHNOT

LYNN CHUBBUCK

AMBER DECKER

JULIE DECKER

KAREN DIETRICH

MICHAEL DIETRICH

DOROTHY MASON, and C.D., a minor, by and through her parents and next of friends,

Plaintiffs,

v.

THE TOWN COUNCIL OF THE TOWN OF ORDWAY, COLORADO a municipal corporation

of the State of Colorado,

THE CROWLEY COUNTY CHILD CARE CENTER, a Colorado non-profit corporation, d/b/a

KIDS CAMPUS,

ANNETTE BOONE, an individual, 

ORVAL L. COLLINS a/k/a LAWRENCE COLLINS individually, and in his official capacity as

Trustee of the Town of Ordway, Colorado,

WILLIAM FERRITTO, individually, and in his official capacity as Marshal of the Town of

Ordway, Colorado,

PETER MOORE, individually, and in his official capacity as Trustee of the Town of Ordway,

Colorado,

KELLI JO RUSHER, in her official capacity as Mayor of the Town of Ordway, Colorado;

DAWN SCHECK, an individual,

CARRIE STEELE-COLLINS a/k/a CARRIE ELEANOR STEELE, individually, 

DOES 1-20, individuals

Defendants.

ORDER GRANTING UNOPPOSED MOTION TO DISMISS

CERTAIN PARTIES AND CLAIMS

THIS MATTER, having come on to be heard upon Plaintiffs BARTON

ARBUTHNOT, BLENDA ARBUTHNOT, BLAINE ARBUTHNOT, PAMELA

ARBUTHNOT, and LYNN CHUBBUCK and Defendants THE BOARD OF

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TRUSTEES FOR THE TOWN OF ORDWAY, a municipal corporation of the State of

Colorado (designated THE TOWN COUNCIL OF THE TOWN OF ORDWAY,

COLORADO), ORVAL L. COLLINS, a/k/a LAWRENCE O. COLLINS, a/k/a LARRY

COLLINS, individually, and in his official capacity as Trustee of the Town of Ordway,

Colorado, PETE MOORE, individually, and in his official capacity as Trustee of the

Town of Ordway, Colorado, and KELLI JO RUSHER, in her official capacity as Mayor

of the Town of Ordway, Colorado’s Unopposed Motion to Dismiss Certain Parties and

Claims (Motion) (#100), the Court having reviewed same and being fully advised in the

premises;

DOTH ORDER as follows:

1. The Motion is GRANTED and all claims which were asserted or could

have been asserted by Plaintiffs Barton Arbuthnot, Blenda Arbuthnot, Blaine

Arbuthnot, Pamela Arbuthnot, and Lynn Chubbuck against Defendants The Board of

Trustees of the Town of Ordway a/k/a The Town Council of the Town of Ordway,

Larry Collins, individually, and in his official capacity as Trustee of the Town of

Ordway, Colorado, Pete Moore, individually, and in his official capacity as Trustee of

the Town of Ordway, Colorado, and Kelli Jo Rusher, in her official capacity as Mayor of

the Town of Ordway, Colorado are dismissed with prejudice.

2. All claims which were asserted or could have been asserted by Plaintiffs

Barton Arbuthnot, Blenda Arbuthnot, Blaine Arbuthnot, Pamela Arbuthnot, and Lynn

Chubbuck against William Ferritto in his individual capacity, are dismissed without

prejudice. 

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3. As such, Barton Arbuthnot, Blenda Arbuthnot, Blaine Arbuthnot, Pamela

Arbuthnot, and Lynn Chubbuck are no longer parties to this action and are dismissed

from this case, as well as to any further court obligations or requirements, subject to

payment of any incurred fees to or on behalf of Special Master O. Edward Schlatter.

4. Each party shall pay its own costs and attorney fees as to the claims that

have been dismissed.

Dated this 2nd day of January, 2013.

BY THE COURT:

Marcia S. Krieger

Chief United States District Judge

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