Garcia v. Hotel Powers Inc

Filing 47

ORDER granting in part and denying in part 35 Motion for Summary Judgment. The motion is GRANTED with respect to plaintiffs' Third Claim for Relief alleging wrongful termination in violation of Colorado state law, as set forth in their Complaint. In all other respects, the motion is DENIED. By Judge Robert E. Blackburn on 11/1/12. (kfinn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 11-cv-02239-REB-KMT
(Consolidated with Civil Action No. 11-cv-02361-REB-KMT)
EDIE GARCIA, and
NICHOLE WITTER-GORTNER,
Plaintiffs,
v.
HOTEL POWERS, INC., d/b/a Hampton Inn,
Defendant.

ORDER RE: MOTION FOR SUMMARY JUDGMENT
Blackburn, J.
The matter before me is Defendant’s Motion Summary Judgment [#35],1 filed
July 2, 2012. I have jurisdiction over this matter pursuant to 28 U.S.C. § 133 (federal
question).
I find and conclude that plaintiffs have failed to establish one or more essential
elements of their state law claim for wrongful termination. See Martinez v. Eagle River
Water & Sanitation District, 2007 WL 2572413 at *5 (D. Colo. Sept. 6, 2007) (citing
Martin Marietta v. Lorenz, 823 P.2d 100, 109 (Colo.1992)).2 Accordingly, defendant’s
1

“[#35]” 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

“Colorado recognizes a claim for wrongful discharge in violation of public policy (sometimes
referred to as a ‘wrongful termination’ claim).”
The essential elements for proving a wrongful discharge claim are (1) the
employer directed the employee to perform an illegal act as part of the
employee's duties; (2) the action directed by the employer would violate a

motion for summary judgment as to that claim will be granted.
However, regarding plaintiffs’ remaining claims, alleging violations of Title VII,
having reviewed the motions and responses and the apposite arguments, authorities,
and evidence presented by the parties, it is apparent that there exist genuine issues of
material fact that are not appropriate for summary resolution.
THEREFORE, IT IS ORDERED as follows:
1. That Defendant’s Motion Summary Judgment [#35], filed July 2, 2012, is
GRANTED IN PART and DENIED IN PART;
2. That the motion is GRANTED with respect to plaintiffs’ Third Claim for Relief
alleging wrongful termination in violation of Colorado state law, as set forth in their
Complaint and Jury Demand [#1], filed August 25, 2011;
3. That at the time judgment enters, judgment SHALL ENTER on behalf of
defendant, Hotel Powers, Inc. d/b/a Hampton Inn, against plaintiffs, Edie Garcia and
Nichole Witter-Gortner, as to plaintiffs’ Third Claim for Relief alleging wrongful
termination in violation of Colorado state law, as set forth in their Complaint and Jury
Demand [#1], filed August 25, 2011; provided, that the judgment as to this claim shall
be with prejudice; and

statute or clearly expressed public policy; (3) the employee was
terminated as a result of refusing to perform the illegal act; and (4) the
employer was aware or should have been aware that the employee's
refusal was based upon the employee's reasonable belief that the act
was illegal.
Martinez v. Eagle River Water & Sanitation District, 2007 WL 2572413 at *5 (internal citations omitted).
Plaintiffs present no evidence or argument to support the conclusion that they were asked to perform any
illegal acts in connection with their employment with defendant.

2

4. That in all other respects, the motion is DENIED.3
Dated November 1, 2012, at Denver, Colorado.
BY THE COURT:

3

The issues raised by and inherent to the motion for summary judgment are fully briefed,
obviating the necessity for evidentiary hearing or oral argument. Thus, the motion stands submitted on the
briefs. Cf. FED. R. CIV. P. 56(c) and (d). Geear v. Boulder Cmty. Hosp., 844 F.2d 764, 766 (10th
Cir.1988) (holding that hearing requirement for summary judgment motions is satisfied by court's review of
documents submitted by parties).

3