Waak v. City of Woodland Park et al (1:22-cv-00120-DDD-MDB)

RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Magistrate Judge Maritza Dominguez Braswell on February 22, 2023. WHEREFORE, for the foregoing reasons, this Court respectfully RECOMMENDS that Defendant's Motion to Dismiss (Doc. No. (Document 53) ) be GRANTED. Specifically: (1) Plaintiff's 42 U.S.C. § 1983 claim arising out of the January 15, 2015, incident should be dismissed with prejudice as time-barred; and (2) Plaintiff's remaining claims should be dismissed without prejudice for failure to state a claim. (csarr, )

ORDER by Magistrate Judge Maritza Dominguez Braswell on December 5, 2022. Accordingly, it is ORDERED that Defendants' "Renewed Motion to Stay Case and Vacate Scheduling Conference" (Doc. No. (Document 65) ) is GRANTED. Discovery in this matter i s STAYED, pending a ruling on the outstanding motion to dismiss (Doc. No. (Document 53) ). The Scheduling Conference set for December 19, 2022 is VACATED. The proposed scheduling order deadline is also VACATED. The parties SHALL file a joint status report within ten days of a final ruling on the outstanding motion to dismiss, if any portion of the case remains, to advise whether the initial case deadlines should be reset.(csarr, )

RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGEby Magistrate Judge Michael E. Hegarty on 16 June 2022. Accordingly, the Court respectfully recommends that the Motion to Dismiss (Document 11) be granted with leave to amend to the extent instructed above. (cmadr, )