Case 1:15-cv-00349-REB-CBS Document 129 Filed 02/12/16 USDC Colorado Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO
________________________________
)
SAFE STREETS ALLIANCE, et al.,
)
)
Plaintiffs,
)
)
v.
)
No. 15-349-REB-CBS
)
ALTERNATIVE HOLISTIC
)
HEALING, LLC, et al.,
)
)
Defendants.
)
________________________________ )
NOTICE OF APPEAL OF DISMISSAL OF PLAINTIFFS PREEMPTION CLAIMS
Notice is hereby given this 12th day of February, 2016, that all Plaintiffs in this
action (Safe Streets Alliance, Phillis Windy Hope Reilly, and Michael P. Reilly) hereby
appeal to the United States Court of Appeals for the Tenth Circuit from: (1) this Courts
Order setting out its reasons for dismissing Counts VII and VIII of Plaintiffs First
Amended Complaint, which was entered in this action on January 19, 2016 [#118]; and
(2) this Courts Judgment Pursuant to Fed. R. Civ. P. 54(b), which dismisses Counts VII
and VIII and was entered in this action on January 26, 2016 [#122]. Because the Court
previously severed Counts VII and VIII from the remainder of Plaintiffs suit under
Federal Rule of Civil Procedure 21, Order Granting Motions to Sever (July 14, 2015)
[#114], the Courts judgment on those claims is final and immediately appealable, see
Chrysler Credit Corp. v. Country Chrysler, Inc., 928 F.2d 1509, 1519 n.8 (10th Cir.
1991) ([J]udgment on a claim severed under Rule 21 is final for purposes of appeal.).

Case 1:15-cv-00349-REB-CBS Document 129 Filed 02/12/16 USDC Colorado Page 2 of 3

Date: February 12, 2016

Respectfully submitted,

Of Counsel:
Charles J. Cooper
Michael W. Kirk
Howard C. Nielson, Jr.
Peter A. Patterson
Brian W. Barnes
COOPER & KIRK, PLLC
1523 New Hampshire Avenue, N.W.
Washington, D.C. 20036
(202) 220-9600
(202) 220-9601 (fax)

s/David H. Thompson
David H. Thompson
Counsel of Record
COOPER & KIRK, PLLC
1523 New Hampshire Avenue, N.W.
Washington, D.C. 20036
(202) 220-9600
(202) 220-9601 (fax)
dthompson@cooperkirk.com

Counsel for Plaintiffs

Case 1:15-cv-00349-REB-CBS Document 129 Filed 02/12/16 USDC Colorado Page 3 of 3

CERTIFICATE OF SERVICE
I hereby certify that on February 12, 2016, I electronically filed the foregoing with
the Clerk of Court using the CM/ECF system, which will send notification of such filing to
counsel for all parties in this case.
s/ Brian W. Barnes
BRIAN W. BARNES