Owens v. Potter

Filing 79

FINAL JUDGMENT by Clerk in favor of Patrick R. Donahoe against Frances M. Owens re: 78 Order on Motion for Summary Judgment. It is FURTHER ORDERED that judgment shall enter against Plaintiff and in favor of Defendant on all of Plaintiffs race discrimination claims. It is FURTHER ORDERED that costs shall be taxed against Plaintiff. By Edward P. Butler, Deputy Clerk on 12/28/2012. (ervsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 10-cv-01886-WJM-KMT
FRANCES M. OWENS,
Plaintiff,
v.
PATRICK R. DONAHOE, Postmaster General,
Defendant.
FINAL JUDGMENT
PURSUANT to and in accordance with Fed. R. Civ. P. 58(a) and the orders
entered in this case, FINAL JUDGMENT is entered.
I.

Pursuant to the Order on Defendant’s Motion to Dismiss (ECF No. 53) entered

by Judge William J. Martinez on December 12, 2011, which order is incorporated by
reference, it is
ORDERED that Defendant’s Motion to Dismiss Pursuant to Fed. R. Civ. P.
12(b)(1) and Fed. R. Civ. P. 12(b)(6) (ECF No. 26) is GRANTED IN PART AND
DENIED IN PART. It is
FURTHER ORDERED that Plaintiff’s Title VII harassment claim is
DISMISSED WITHOUT PREJUDICE under Fed. R. Civ. P. 12(b)(1) for failure to
exhaust administrative remedies. It is
FURTHER ORDERED that Plaintiff’s Title VII retaliation claim is
DISMISSED WITH PREJUDICE under Fed. R. Civ. P. 12(b)(6) for failure to state
a plausible claim. It is
FURTHER ORDERED that to the extent Plaintiff intended to bring a Title

VII race discrimination claims based on any adverse employment actions other
than Plaintiff’s non-selection for the Strategic Account Manager (EAS-23)
position on August 24, 2009; the non-selection for the Shipping Solutions
Specialist (EAS-23) on October 6, 2009; and the assignment as a Business
Solutions Specialist on October 10, 2009, those claims are DISMISSED
WITHOUT PREJUDICE under Fed. R. Civ. P. 12(b)(1) for failure to exhaust
administrative remedies. It is
FURTHER ORDERED that to the extent Plaintiff intended to bring
discrimination claims on any ground other than race, those claims are
DISMISSED WITH PREJUDICE under Fed. R. Civ. P. 12(b)(6) for failure to state
a claim.
II.

Pursuant to the Order Granting Defendant’s Motion for Summary Judgment (ECF
No. 78) entered on December 21, 2012 it is
ORDERED that Defendant’s Motion for Summary Judgment (ECF No. 68)
is GRANTED. It is
FURTHER ORDERED that judgment shall enter against Plaintiff and in
favor of Defendant on all of Plaintiff’s race discrimination claims. It is
FURTHER ORDERED that costs shall be taxed against Plaintiff.
Dated at Denver, Colorado this 28th day of December, 2012.
BY THE COURT:
JEFFREY P. COLWELL, CLERK
s/Edward P. Butler
Edward P. Butler, Deputy Clerk