Atencio v. Dillon Companies, Inc. et al

Filing 34

FINAL JUDGMENT by Clerk re: 33 Order. By Clerk on 12/7/12. (mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02195-PAB-MEH
MARSHA ATENCIO,
Plaintiff,
v.
KING SOOPERS,
ANN PIERCE,
SCOTT BRINSON,
NASH FORACI, and
CHARLES BIGLEN,
Defendants.

FINAL JUDGMENT

In accordance with the orders filed during the pendency of this case, and
pursuant to Fed. R. Civ. P. 58(a), the following Final Judgment is hereby entered.
Pursuant to the Order of Judge Philip A. Brimmer entered on December 5, 2012
it is
ORDERED that the Motion for Summary Judgment and Incorporated Brief
[Docket No. 17] is GRANTED in part and DENIED in part. It is
FURTHER ORDERED that plaintiff’s first and fourth claims for relief are
dismissed without prejudice as preempted by § 301 of the Labor Management Relations
Act, 29 U.S.C. § 185 et seq. It is
FURTHER ORDERED that the case is remanded to the District Court for the City
and County of Denver, where it was originally filed as Civil Action 2011 CV 4619. It is

FURTHER ORDERED that Defendant King Soopers, Ann Pierce, Scott Brinson,
Nash Foraci, and Charles Biglen are AWARDED their costs, to be taxed by the Clerk of
the Court pursuant to Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1.

Dated at Denver, Colorado this 7th day of December, 2012.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
By: s/Edward P. Butler
Edward P. Butler
Deputy Clerk