Case 1:13-cv-00080-WYD Document 1 Filed 01/14/13 USDC Colorado Page 1 of 5

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Nicholus C. Palmer, Esq. Colorado Bar # 35484 630 East plumb Lane Reno, NV 89502 Phone: (775) 333-5282 Fax: (775) 323-3699 Attorney for the Plaintiffs: IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

CHANTEL L. BLUNK et al, Plaintiffs, v. DR. LYNNE FENTON individually, DR. LYNNE FENTON as an employee of COLORADO UNIVERSTIY, COLORADO UNIVERSITY, DOES 1 through 5, inclusive, Defendants. COMPLAINT COMES NOW Plaintiffs, Chantel Blunk as wife of Jonathan T. Blunk (Deceased) and as the biological parent of the Plaintiffs Maximus T. Blunk and Hailey M. Blunk (minor children), by and through their Counsel, Nicholus C. Palmer, Esq. of the Law Firm of Laub & Laub and avers as follows:

JURISDICTION 1. At all times relevant to this Case, Plaintiff Chantel Blunk and her minor children

Maximus T. Blunk and Hailey M. Blunk were and are residents of the State of Nevada County of Washoe. At all times relevant Chantel Blunk was married to Jonathan T. Blunk. Jonathan T. Blunk was the biological father of Maximus T. Blunk and Hailey M. Blunk who are minor children. 2. Upon information and belief, Defendant Lynne Fenton is and was at all times relevant to

27 28 this complaint a resident of the state of Colorado. -1-

Case 1:13-cv-00080-WYD Document 1 Filed 01/14/13 USDC Colorado Page 2 of 5

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3. 4.

Colorado University is a university chartered within the State of Colorado. This Court has jurisdiction over Plaintiffs claims against these Defendants pursuant to

28 U.S.C. Section 1332, since there is a complete diversity of citizenship between the parties and the amount in controversy herein exceeds the sum of $75,000.00 exclusive of costs and interest. 5. Venue is proper herein pursuant to 28 U.S.C. Section 1391(b)(2), because all relevant

6 7 8 9 10 11 12

events took place in the District of Colorado. 6. Defendant Does 1 through 5 are possible other employees of Defendant Colorado

University and were acting within their scope of employment at all relevant times. Defendant Does 1-5 may also be other parts of the University of Colorado, which may have employed Defendant Fenton or any other Does in this matter. The Plaintiffs requests leave of this Court to amend the Complaint to insert the true names and capacities of the Does 1-5 when the same have been ascertained, to join such

13 14 15 16 17 18 19 20 21 Chantel Blunk and father to Maximus T. Blunk and Hailey M. Blunk who are minor children. 22 23 24 25 26 27 28 -29. Upon information and belief, James Holmes the shooter who killed Jonathan T. Blunk 7. GENERAL ALLEGATIONS On or about July 20, 2012, James Holmes entered Auditorium 9 the Century Aurora 16 Defendants in this action, and to assert the appropriate charging allegations. J

Theaters located at 14200-14300 E. Alameda Avenue, Aurora, CO 80012 in the County of Arapahoe, State of Colorado and started shooting various firearms at the seated crowd. 8. One of the people killed by the gunfire was Jonathan T. Blunk, husband of Plaintiff

was receiving or had recently received psychiatric care and/or mental health counseling from Defendant Lynn Fenton. Defendant Fenton was acting in her scope as an employee of the University of Colorado at the time she administered such care to James Holmes.

Case 1:13-cv-00080-WYD Document 1 Filed 01/14/13 USDC Colorado Page 3 of 5

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10.

Upon information and belief, James Holmes told Defendant Fenton on June 11, 2012,

that he fantasized about killing a lot of people. 11. Upon information and belief Defendant Fenton notified the University of Colorado

Campus Wide Threat Assessment Team about James Holmes. 12. Upon information and Belief Colorado University Police Officer Lynn Whitten asked

Defendant Fenton if she should apprehend James Holmes and place him on a 72-hour psychiatric hold. Upon information and belief Defendant Fenton rejected the idea.

8 9 10 11 12 13 J 14 15 to use reasonable care to protect the public at large from James Holmes. Defendant Fenton was 16 17 18 19 20 21 22 23 suffer loss of companionship, emotional and psychological distress, economic damages, extreme mental 24 25 26 27 18. 28 -3Plaintiffs Incorporate and re-allege paragraphs 1 through 17 as though set forth herein. and emotional pain and suffering and fear in an amount greater than $75,000.00. SECOND CLAIM FOR RELIEF WRONGFUL DEATH PURSUANT TO C.R.S. 13-21-202 presented with the opportunity to use such reasonable care when the Colorado University Police offered to apprehend James Holmes on a psychiatric hold. Defendant Fenton breached her duty to use reasonable care. 16. Due to this breach of duty to warn or protect the public from James Holmes, Jonathan T. 14. 15. Plaintiffs incorporate and re-allege paragraphs 1 through 13 as though set forth herein. Defendant Fenton knew that James Holmes was dangerous. Defendant Fenton had a duty 13. Upon information and belief there was no further action taken by Defendant Fenton to

warn or otherwise stop James Holmes from killing Jonathan Blunk on July 20, 2012. FIRST CLAIM FOR RELIEF NEGLIGENCE OF LYNNE FENTON

Blunk was killed on July 20, 2012. 17. As a direct and proximate result of Defendant Fentons negligence, the Plaintiffs will

Case 1:13-cv-00080-WYD Document 1 Filed 01/14/13 USDC Colorado Page 4 of 5

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19.

Plaintiffs husband and father, Jonathan T. Blunk was killed due to Defendant Fentons

negligence. If Jonathan T. Blunk had survived his gunshot wound, he would have been able to maintain an action and recover damages from Defendant Fenton due to her negligence. 20. As a direct and proximate result of Defendant Fentons negligence, the Plaintiffs will

suffer loss of companionship, emotional and psychological distress, economic damages, extreme mental and emotional pain and suffering and fear in an amount greater than $75,000.00 THIRD CLAIM FOR RELIEF RESPONDEAT SUPERIOR UNIVERSITY OF COLORADO

21. 22.

Plaintiff incorporates and realleges paragraphs 1 through 20 as though set forth herein. The Plaintiff is informed and believes, and therefore alleges that at the time of the

incident, Defendant Fenton was in the employ or employed by The University of Colorado or one of the Doe 1-5 Defendants and was acting within the scope and course of her employment. The Defendant Colorado University is therefore liable to the Plaintiffs under the doctrine of respondeat superior. 23. As a direct and proximate result of Defendant Fentons negligence and through the

16 17 18 19 20 21 22 23 /// 24 25 26 27 28 -4/// /// /// doctrine of respondeat superior, Colorado Universitys negligence, the Plaintiffs will suffer loss of companionship, emotional and psychological distress, economic damages, extreme mental and emotional pain and suffering and fear in an amount greater than $75,000.00. /// /// ///

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WHEREFORE, Plaintiffs respectfully pray for judgment in their favor and against the Defendants in an amount which will fully and fairly compensate them for damages, losses and injuries, both past and future, Plaintiffs also request judgment in their favor for pre-judgment and post-judgment interest as proved by law, for costs, attorneys fees, expert witness expenses and for such other relief as this Court deems proper.

Dated this 14th day of January, 2013. Respectfully submitted by:

_/s/ Nicholus C. Palmer________ The Law Firm of Laub & Laub Nicholus C. Palmer, Esq. Colorado State Bar #35484 630 E. Plumb Lane Reno, Nevada 89502 Attorney for the Plaintiffs

-5-

Case 1:13-cv-00080-WYD Document 1-1 Filed 01/14/13 USDC Colorado Page 1 of 1

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Case 1:13-cv-00080-WYD Document 1-2 Filed 01/14/13 USDC Colorado Page 1 of 2

AO 440 (Rev. 12/09) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the

District of Colorado __________ District of __________

Chantel L. Blunk et al
Plaintiff

v.
DR. LYNNE FENTON et al
Defendant

) ) ) ) ) ) )

Civil Action No.

SUMMONS IN A CIVIL ACTION To: (Defendants name and address) Dr. Lynn Fenton

A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney, whose name and address are: Nicholus C. Palmer, Esq.
The Law Firm of Laub & Laub 630 East Plumb Lane Reno, NV 89502

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk

Case 1:13-cv-00080-WYD Document 1-2 Filed 01/14/13 USDC Colorado Page 2 of 2

AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)

Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) was received by me on (date) .

I personally served the summons on the individual at (place) on (date) I left the summons at the individuals residence or usual place of abode with (name) , a person of suitable age and discretion who resides there, on (date) , and mailed a copy to the individuals last known address; or , who is on (date) I returned the summons unexecuted because Other (specify): . ; or ; or ; or

I served the summons on (name of individual) designated by law to accept service of process on behalf of (name of organization)

My fees are $

for travel and $

for services, for a total of $

0.00

I declare under penalty of perjury that this information is true.

Date:
Servers signature

Printed name and title

Servers address

Additional information regarding attempted service, etc:

Print

Save As...

Reset

Case 1:13-cv-00080-WYD Document 1-3 Filed 01/14/13 USDC Colorado Page 1 of 2

AO 440 (Rev. 12/09) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the

District of Colorado __________ District of __________

Chantel L. Blunk et al
Plaintiff

v.
DR. LYNNE FENTON et al
Defendant

) ) ) ) ) ) )

Civil Action No.

SUMMONS IN A CIVIL ACTION To: (Defendants name and address) Colorado University

A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney, whose name and address are: Nicholus C. Palmer, Esq.
The Law Firm of Laub & Laub 630 East Plumb Lane Reno, NV 89502

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk

Case 1:13-cv-00080-WYD Document 1-3 Filed 01/14/13 USDC Colorado Page 2 of 2

AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)

Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) was received by me on (date) .

I personally served the summons on the individual at (place) on (date) I left the summons at the individuals residence or usual place of abode with (name) , a person of suitable age and discretion who resides there, on (date) , and mailed a copy to the individuals last known address; or , who is on (date) I returned the summons unexecuted because Other (specify): . ; or ; or ; or

I served the summons on (name of individual) designated by law to accept service of process on behalf of (name of organization)

My fees are $

for travel and $

for services, for a total of $

0.00

I declare under penalty of perjury that this information is true.

Date:
Servers signature

Printed name and title

Servers address

Additional information regarding attempted service, etc:

Print

Save As...

Reset