Myers v. Hummel

Filing 132

MINUTE ORDER denying 131 Plaintiff's Motion for Summary Judgement, by Magistrate Judge Kathleen M. Tafoya on 01/04/2012.(wjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 11–cv–00400–KMT–KLM

BERNARD KENNETH MYERS,
Plaintiff,
v.
DORWIN DWAYNE HUMMEL,
Defendant.

MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE KATHLEEN M. TAFOYA
Plaintiff’s “Motion for Summary Judgement” (Doc. No. 131, filed Dec. 27, 2011) is DENIED.
The court already denied Plaintiff’s prior motion for summary judgment (Doc. No. 89, filed June
23, 2011) on December 15, 2011 (Doc. No. 124). While it appears that Plaintiff seeks to
overcome the bases for the court’s denial of his first summary judgment motion, Plaintiff’s
present motion fails to achieve that goal. Plaintiff again has not fulfilled his burden, as the
moving party and the plaintiff, of demonstrating that there is no genuine dispute of material fact
that Defendant owed him a fiduciary duty, and breached that duty. Fed. R. Civ. P. 56(a).
Accordingly, Plaintiff’s motion is denied for the reasons outlined in this court’s December 15,
2011 Order.
Dated: January 4, 2012