Hernandez-Calderon et al v. Cousin et al

Filing 8

ORDER Denying 6 Motion to Dismiss, signed by Judge Richard P. Matsch on 4/8/2010.(rpmcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 10-cv-00232-RPM MANUELA HERNANDEZ-CALDERON, Plaintiff, v. CHRISTINA M. COUSIN and U.S. XPRESS, INC., Defendants. ____________________________________________________________________________ ORDER DENYING MOTION TO DISMISS ____________________________________________________________________________ On March 29, 2010, defendant U.S. Xpress, Inc., filed a motion to dismiss or alternatively summary judgment on the second claim for relief against it in the plaintiff's first amended complaint. The plaintiff has responded. The motion to dismiss is premature and determining whether there is a separate claim for relief as alleged in the challenged claim will not affect the scope of discovery which will be discussed at the scheduling conference on May 27, 2010. Accordingly, it is ORDERED that the motion to dismiss is denied. DATED: April 8th, 2010 BY THE COURT: s/Richard P. Matsch __________________________ Richard P. Matsch, Senior Judge