ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT WILLIAM J. MART NEZ, District Judge. In this civil rights action, Plaintiffs A.B., a minor, and her parent, B.S., bring a multitude of federal and state law claims against current and former employees of the Adams-Arapahoe School District related to A.B.'s treatment while a student at Lansing Elementary School. Before the Court are the following motions: (1) Defendant Donna Trowbridge's Motion for Summary...
ORDER DENYING DEFENDANTS' MOTION TO DISMISS WILLIAM J. MART NEZ, District Judge. In this civil rights case, Plaintiffs Melissa Schwartz, as personal representative and administrator of the estate of Chandler Grafner, Christina Grafner, and Joshua Norris bring claims under 42 U.S.C. 1983 ("Section 1983") against Margaret Booker and Mary Peagler in their individual capacities arising out of the death of Chandler Grafner while in foster care. 1 Before the Court is Defendants' Motion to...
ORDER ON PENDING MOTIONS CRAIG B. SHAFFER, United States Magistrate Judge. THIS MATTER comes before the court on (1) Defendant Mountain Man, Inc.'s ("Mountain Man") Motion for Summary Judgment on Plaintiff's Sixth, Seventh, Eighth and Ninth Claims for Relief (doc. #58), filed on January 14, 2011; (2) Defendant Mountain Man, Inc.'s Motion to Exclude Plaintiff's Expert Testimony Pursuant to F.R.E. 702 (doc. #87), filed on June 6, 2011; and (3) Defendant Breckenridge Outdoor Education Center's ("...
ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT RICHARD P. MATSCH, Senior District Judge. Qwest Communications International, Inc. (Qwest) seeks payment from the defendants who are responsible parties as insurers under a Primary Commercial Crime Policy for the costs of defense and the amount paid for settlement of claims made by Vietnam Telecom International (VTI) based on fraud, negligent misrepresentation and unfair business practices resulting from dishonest conduct of two Qwest...
ORDER WILEY Y. DANIEL, Chief Judge. I. INTRODUCTION THIS MATTER comes before the Court on the appeal by Appellant Valley Bank and Trust Co. ("Valley Bank") from an order issued by the Bankruptcy Court made in Adversary Proceeding number 10-01130-ABC. This appeal arises from the Bankruptcy Court's September 30, 2010 Order Granting Plaintiff's Motion for Summary Judgment and Denying Defendant's Motion for Summary Judgement, which was amended on October 19, 2011 ("Order"). In the Order, the...
ORDER DENYING DEFENDANT'S MOTION TO DISMISS AND GRANTING PLAINTIFF'S MOTION TO STRIKE WILLIAM J. MART NEZ, District Judge. This matter is before the Court on Defendant's Motion to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(6) (ECF No. 23), and Plaintiff's Motion to Strike Exhibits A-D to Defendant's Motion to Dismiss (ECF No. 27). Both motions are fully briefed and ripe for adjudication. ( See also ECF No. 28, 32-34.) For the following reasons, Defendant's Motion to Dismiss is DENIED and...
ORDER on PENDING MOTIONS R. BROOKE JACKSON, District Judge. This order addresses nine pending motions, including motions to dismiss for lack of jurisdiction; motions to dismiss for failure to state a claim; motions to abstain or stay; and a motion for a preliminary injunction. It resolves all pending motions except plaintiffs' motion to certify a class and certain relatively minor motions that the Court will resolve electronically without a separate written order. The Court also will issue an...
ORDER REGARDING MOTIONS FOR SUMMARY JUDGMENT WILLIAM J. MARTINEZ, District Judge. This matter is before the Court on Defendants' Motion for Summary Judgment and Memorandum Brief in Support of Motion for Summary Judgment, ECF No. 80, and Defendant Golden's Motion for Summary Judgment and Memorandum Brief in Support of Motion for Summary Judgment, ECF No. 81, (the "Motions for Summary Judgment"). For the following reasons, the Motions for Summary Judgment are GRANTED in part and DENIED in part....
ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND VACATING TRIAL DATES CHRISTINE M. ARGUELLO, District Judge. This matter is before the Court on Defendant C.R. England, Inc.'s Motion for Summary Judgment. (Doc. # 55.) For the following reasons, the Motion is granted, the Final Trial Preparation Conference scheduled for September 9, 2011, and the five-day jury trial set to commence on September 26, 2011, are VACATED. I. PROCEDURAL HISTORY This action arises from Defendant's...
ORDER GRANTING JUDGMENT TO DEFENDANT MARCIA S. KRIEGER, District Judge. THIS MATTER comes before the Court on a stipulated factual record (# 69), the parties' submissions of opening (# 70, 71) and response briefs (# 72, 73), Defendant City of Golden's ("Golden") Supplemental Brief (# 82), Ms. Olson's Response thereto (# 91) and Errata (# 92), and the parties' supplemental authority (# 74, 78, 79). Having considered the same, the Court FINDS and CONCLUDES the following. I....
MEMORANDUM AND ORDER ON SENTENCING WILLIAM J. MART NEZ, District Judge. This case came before the Court for sentencing on September 6, 2011. At the sentencing hearing, the Court granted Defendant's Motion for a Non-Guidelines or Variant Sentence and imposed a sentence of 14 months incarceration and one year of supervised release. The purpose of this Memorandum is to elaborate on the bases for the Court's variant sentence. I. FACTS AND BACKGROUND Defendant was born in 1972 to a close-knit...
ORDER ON MOTION FOR SUMMARY JUDGMENT MILLER, District Judge. This case is before me on the Motion for Summary Judgment (ECF No. 30) filed by Plaintiff Continental Western Insurance Company ("Continental Western"). Defendants Shay Construction, Inc., ("Shay") and Milender White Construction Company ("Milender White") oppose the motion. I have reviewed the parties' written arguments and the evidence submitted with their briefs. For the reasons that follow, the motion will be granted....
ORDER REVERSING THE ADMINISTRATIVE LAW JUDGE PHILIP A. BRIMMER, District Judge. This matter comes before the Court on plaintiff Vanessa Vigil's complaint [Docket No. 3], filed on August 6, 2009. Plaintiff, through counsel, seeks review of the final decision of defendant Michael J. Astrue (the "Commissioner") denying plaintiff's claim for disability insurance benefits under Titles II and XVI of the Social Security Act (the "Act"), 42 U.S.C. 401-33 and 1381-83c. The Court has jurisdiction to...
ORDER ON MOTION FOR SUMMARY JUDGMENT AND MOTION TO STRIKE MILLER, J. This matter is before me on Plaintiff's Amended Motion for Summary Judgment (ECF No. 61) and Motion to Strike, in Part, Defendants' Summary Judgment Evidence (ECF No. 108). Defendants oppose both motions. I have reviewed the parties' written arguments and conclude that oral argument is not required. For the reasons that follow, the motion for summary judgment will be granted in part and denied in part. The motion to strike...
ORDER ON MOTION TO DISMISS OR FOR SUMMARY JUDGMENT MILLER, District Judge. This case is before me on the Motion to Dismiss, or in the Alternative, for Summary Judgment, filed January 31, 2011, by defendant City and County of Denver (Denver) (ECF No. 9). In an Order issued May 11, 2011, I notified the parties that I would treat the motion, to the extent it is filed under Fed.R.Civ.P. 12(b)(6), as one for summary judgment under Rule 56. I provided them with the opportunity to tender additional...
ORDER ON MOTION FOR SUMMARY JUDGMENT AND MOTIONS TO EXCLUDE TESTIMONY MILLER, Senior District Judge. This matter is before me on the Joint Motion for Summary Judgment (ECF No. 572) filed by Defendants Dillon Companies, Inc., d/b/a King Soopers, Inter-American Products, Inc., and The Kroger Company (collectively, the "Kroger Defendants"), Gilster-Mary Lee Corporation ("Gilster-Mary Lee") and Birds Eye Foods, Inc., ("Birds Eye"). These Defendants have also filed motions to exclude portions of...
ORDER GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO LIABILITY CHRISTINE M. ARGUELLO, District Judge. This matter comes before the Court on Plaintiff Jesse Doshay's ("Plaintiff") Motion for Partial Summary Judgment as to Liability. (Doc. # 22.) Plaintiff alleges various violations of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. 1692, et seq. Jurisdiction is proper pursuant to 28 U.S.C. 1331 and 15 U.S.C. 1692k(d). For the following reasons, Plaintiff's...
ORDER DENYING DEFENDANTS' MOTION TO DISMISS WILLIAM J. MARTINEZ, District Judge. In this case, Plaintiff Candelaria Moreno-Gutierrez seeks, amongst other things not relevant to the instant Motion, a declaration that the two-year filing window set forth in 8 U.S.C. 1154(a)(1)(B)(ii)(II)(aa)(CC)(aaa) is a statute of limitation subject to equitable tolling. (Complaint (ECF No. 3) pp. 15-16.) Before the Court is Defendants' Motion to Dismiss ("Motion") pursuant to Fed.R.Civ.P. 12(b)(6). (ECF No....
ORDER ON MOTIONS TO DISMISS PHILIP A. BRIMMER, District Judge. This case involves allegations of national origin, religious, and ethnic discrimination at a meat packing plant in Greeley, Colorado owned and operated by JBS USA, LLC ("JBS"). It is before the Court on defendant's motions to dismiss [Docket Nos. 12, 52 and 64] the Equal Employment Opportunity Commission's ("EEOC") complaint [Docket No. 1] and two complaints in intervention [Docket Nos. 61, 40]. The motions are fully briefed and...
ORDER BOYD N. BOLAND, United States Magistrate Judge. This matter arises on Defendant's Motion to Preclude Plaintiff's Expert Richard Hodges' Opinions [Doc. # 93, filed 12/6/2011] (the "Motion to Exclude"), which is GRANTED. I. The following facts are derived from the plaintiff's statement of claims contained in the Scheduling Order [Doc. # 14]: The case arises on the plaintiff's claim for underinsured motorist ("UIM") insurance benefits. The plaintiff, an 89 year-old woman at the time...
