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ROHRBOUGH v. STONE

No. CIV.00-B-808.

189 F.Supp.2d 1144 (2002)

Brian E. ROHRBOUGH, Susan A. Petrone, individually and as personal representative of the estate of Daniel Rohrbough, deceased, Donald F. Fleming, individually and as personal representative of the estate of Kelly Fleming, deceased, Diedra A. Fleming, Erin Fleming, Joseph R. Kechter, individually and as personal representative of the estate of Matthew Joseph Kechter, deceased, Ann Marie Kechter, Adam D. Kechter, a minor child, by and through his parents and next friends, Joseph R. Kechter and Ann Marie Kechter, Dawn L. Anna, individually and as personal representative of the estate of Lauren D. Townsend, deceased, Matthew Townsend, Kristin Townsend, Joshua Townsend, Albert B. Velasquez, individually and as personal representative of the estate of Kyle A. Velasquez, deceased Phyllis E. Velasquez, and Bradley S. Bernall and Misty R. Bernall, individually, and as Co-personal representatives of the estate of Cassie R. Bernall, deceased, Plaintiffs, v. John P. STONE, the Sheriff of Jefferson County, Colorado, Individually and in his Official Capacity, Jefferson County Sheriff's Department a/k/a Jefferson County Sheriff's Office, John Dunaway, Individually, Terry Manwaring, Individually, David Walcher, Individually, Philip HY, Individually, John Kiekbusch, Individually, Neil Gardner, Individually, Paul Magor, Individually, Paul Smoker, Individually, Scott Taborsky, Individually, Rick Searle, Individually, Kevin Walker, Individually, John Does Numbers 1-100, individually, the Board of County Commissioners of the County of Jefferson, Colorado, Thomas E. Klebold, Susan Klebold, and Ronald Frank Hartmann, Defendants.

United States District Court, D. Colorado.

January 23, 2002.

Attorney(s) appearing for the Case

James Parker Rouse, Sr., Rouse & Associates, PC, Englewood, CO, Barry Kevin Arrington, Arrington & Associates, PC, Golden, CO, for Plaintiffs.

J. Andrew Nathan, Andrew J. Fisher, Bernard Roland Woessner, Nathan, Bremer, Dumm & Myers, PC., Denver, CO, William A. Tuthill, III, Lily Wallman Oeffler, County Attorney's Office, Golden, CO, Alan Kaminsky, Wilson, Elser, Moskowitz, Edelman & Dicker, New York City, Joel A. Kolodny, Lorraine Elizabeth Parker, Steven Gregory Greenlee, Montgomery, Kolodny, Amatuzio, Dusbabek & Parker LLP, Denver, CO, Gregg E. Kay, Franklin D. Patterson, Patterson, Nuss & Seymour, P.C., Englewood, CO, Scott Jurdem, Buchanan, Jurdem & Cederberg, PC, Denver, CO, Michael B. Sullivan, Heather A. Salg, Harris, Karstaedt, Jamison & Powers, P.C., Englewood, CO, Alaurice Marie Tafoya, Alaurice M. Tafoya, Law Office, Denver, CO, J. Stephen Mullen, Retherford, Mullen, Johnson & Bruce, Colorado Springs, CO, Richard Lee Everstine, Michele R. Prud'Homme, Robert Patrick Ingram, Dickinson, Everstine & Prud'Homme, Denver, CO, Michael R. Waters, Jones & Waters, LLC, Colorado Springs, CO, for Defendants.

ORDER

BABCOCK, Chief Judge.

On December 26, 2001, plaintiffs, with the exception of Bradley S. Bernall and Misty R. Bernall, filed their "Motion For Reconsideration Under Fed. R.Civ. P. 59(e) Or, In The Alternative, For Relief From Judgment Under Fed.R.Civ.P. 60(B); And Motion To Amend Complaint" (the motion). The sheriff defendants have responded to the motion. I construe the motion for reconsideration as one for new trial pursuant to Fed.R.Civ.P. 59(e...

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