Eberhardt v. City of Greeley, CO et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 22-cv-3032-WJM-SBP
RANDY J. EBERHARDT,
Plaintiff,
v.
CITY OF GREELEY, CO., a Municipality,
CHIEF MARK JONES, individually and in his capacity as a Greeley, CO police officer,
OPERATIONS DIVISION DEPUTY CHIEF ADAM TURK, individually and in his capacity
as a Greeley, CO police officer, and
JOHN DOES 1-18, individually and in their capacities as Greeley, CO police officers,
Defendants.
______________________________________________________________________
ORDER DENYING MOTION TO RECONSIDER
______________________________________________________________________
Before the Court is Plaintiff Randy J. Eberhardt’s Motion to Reconsider Dismissal
of Plaintiff’s Case (“Motion”). (ECF No. 64.) Therein, he asks the Court “to reverse its
determination to dismiss without prejudice his case.” (Id. at 1.) In support, he describes
the Court’s dismissal Order (ECF No. 62) as “unnecessarily burdensome and highly
detrimental.” (Id.)
But Eberhardt does not actually explain why that is so, let alone why the Court’s
dismissal Order was erroneous under Rule 60. See Fed. R. Civ. P. 60(b) (listing the
various grounds for granting a motion for relief from a final judgment). Nor does he point
to any change in the material facts of this case, or in the applicable law. Servants of
Paraclete v. Does, 204 F.3d 1005, 1009 (10th Cir. 2000).
In the absence of such substantive arguments, the Court DENIES the Motion.
(ECF No. 64.)
Case No. 1:22-cv-03032-WJM-SBP Document 65 filed 02/12/26 USDC Colorado
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Dated this 12th day of February, 2026.
BY THE COURT:
_________________________
William J. Martínez
Senior United States District Judge
Case No. 1:22-cv-03032-WJM-SBP Document 65 filed 02/12/26 USDC Colorado
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