Hernandez v. Valley View Hospital Association et al

Filing 179

ORDER. Recommendation on Defendant Valley View's Motion for Partial Summary Judgment 178 is APPROVED AND ADOPTED. Defendant Valley View's Motion for Partial Summary Judgment/Brief Regarding Constructive Discharge Issue Pursuant to August 30, 2012 Minute Order 174 is DENIED. Telephonic trial setting conference is set for 3/5/2013 10:00 AM before Judge Robert E. Blackburn. By Judge Robert E. Blackburn on 2/22/13. (kfinn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 10-cv-00455-REB–MJW
TERESA HERNANDEZ,
Plaintiff,
v.
VALLEY VIEW HOSPITAL ASSOCIATION, and
MORRISON MANAGEMENT SPECIALISTS, INC., d/b/a Morrison Healthcare Food
Services,
Defendants.

ORDER ADOPTING RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE AND SETTING
TELEPHONIC TRIAL SETTING CONFERENCE
Blackburn, J.
The matter before me is the magistrate judge’s Recommendation on
Defendant Valley View’s Motion for Partial Summary Judgment (Docket No. 174)
[#178],1 filed January 28, 2013. I approve and adopt the unopposed recommendation.
No objection has been filed. Thus, I review the recommendation for plain error
only. See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d
1116, 1122 (10th Cir. 2005). Finding no such error in the magistrate judge’s
recommended disposition, I find and conclude that the recommendation should be
approved and adopted.

1

“[#178]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s electronic case filing and management system (CM/ECF). I use this
convention throughout this order.

THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation on Defendant Valley View’s Motion for Partial
Summary Judgment (Docket No. 174) [#178],2 filed January 28, 2013, is APPROVED
and ADOPTED as an order of this court;
2. That Defendant Valley View’s Motion for Partial Summary
Judgment/Brief Regarding Constructive Discharge Issue Pursuant to August 30,
2012 Minute Order (Doc #169] [#174], filed October 2, 2012, is DENIED; and
3. That the court shall conduct a telephonic trial setting conference on Tuesday,
March 5, 2013, at 10:00 a.m., provided, further
a. that counsel for plaintiff shall arrange, initiate, and coordinate the
conference call necessary to facilitate the setting conference; and
b. that representatives (who possess calendaring authority) for all parties
shall be on the line prior to contacting the court’s Judicial Assistant, Ms. Susan Schmitz,
at [phone].
Dated February 22, 2013, at Denver, Colorado.
BY THE COURT:

2

“[#178]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s electronic case filing and management system (CM/ECF). I use this
convention throughout this order.

2