Getachew v. 7-Eleven, Inc. et al

Filing 89

ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE denying as moot 40 Motion to Amend Complaint; denying as moot 41 Motion to Amend Complaint; denying as moot 57 Motion for Preliminary Injunction; denying as moot 61 Plain tiff's Motion for the "Judicial Notice" of Judge Robert E. Blackburn on the Federal Anti-Retaliatory Provision Which is the Gist of this Lawsuit; denying as moot 62 Motion for Sanctions; denying as moot 67 Motion for Order; denyi ng as moot 72 Motion for Sanctions; denying as moot 75 Defendant 7-Eleven's Motion To Dismiss or for Other Sanctions for Plaintiff's Refusal To Participate in Discovery; denying as moot 77 Motion for Sanctions; approving and adop ting 83 Report and Recommendations; denying as moot 84 Motion for Summary Judgment; denying as moot 87 Motion for Permanent Injunction; granting 10 Defendant 7-Eleven, Inc.'s Motion To Dismiss. That plaintiff's claims are DISMIS SED WITH PREJUDICE. The Trial Preparation Conference set for December 7, 2012 and the trial to the court set to commence December 10, 2012 are VACATED. Any pending motion is DENIED as moot. Judgment SHALL ENTER on behalf of defendant, 7-Eleven, Inc., and against plaintiff, Alemayehu Getachew. By Judge Robert E. Blackburn on 09/24/2012. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 11-cv-02421-REB-MJW
ALEMAYEHU GETACHEW,
Plaintiff,
v.
7-ELEVEN, INC.,
Defendant.

ORDER ADOPTING RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matter before me is the magistrate judge’s Recommendation on
Defendant 7-Eleven, Inc.’s Motion To Dismiss (Docket No. 10), Plaintiff’s Motion
Requesting an Immediate Injunction (Docket No. 61), and Defendant 7-Eleven’s
Motion To Dismiss or for Other Sanctions for Plaintiff’s Refusal To Participate in
Discovery (Docket No. 75) [#83],1 filed August 8, 2012. No objections having been
filed to the recommendation, I review it only for plain error. See Morales-Fernandez v.
Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005).2 Finding
no such error in the magistrate judge’s recommended disposition, I find and conclude
1

“[#38]” 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

This standard pertains even though plaintiff is proceeding pro se in this matter. MoralesFernandez, 418 F.3d at 1122. In addition, because plaintiff is proceeding pro se, I have construed his
pleadings more liberally and held them to a less stringent standard than formal pleadings drafted by
lawyers. See Erickson v. Pardus, 551 U.S. 89, 94, 127 S. Ct. 2197, 2200, 167 L.Ed.2d 1081 (2007);
Andrews v. Heaton, 483 F.3d 1070, 1076 (10th Cir. 2007); Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir.
1991) (citing Haines v. Kerner, 404 U.S. 519, 520-21, 92 S.Ct. 594, 595-96, 30 L.Ed.2d 652 (1972)).

that recommendation should be approved and adopted.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation on Defendant 7-Eleven, Inc.’s Motion To
Dismiss (Docket No. 10), Plaintiff’s Motion Requesting an Immediate Injunction
(Docket No. 61), and Defendant 7-Eleven’s Motion To Dismiss or for Other
Sanctions for Plaintiff’s Refusal To Participate in Discovery [#83], filed August 8,
2012, is APPROVED AND ADOPTED as an order of this court;
2. That Defendant 7-Eleven, Inc.’s Motion To Dismiss [#10], filed October 18,
2011, is GRANTED insofar as it asserts that plaintiffs’ claims are barred by the
applicable statutes of limitation;
3. That Plaintiff’s Motion for the “Judicial Notice” of Judge Robert E.
Blackburn on the Federal Anti-Retaliatory Provision Which is the Gist of this
Lawsuit . . . [#61], filed June 20, 2012, is DENIED AS MOOT;
4. That Defendant 7-Eleven’s Motion To Dismiss or for Other Sanctions for
Plaintiff’s Refusal To Participate in Discovery [#75], filed June 28, 2012, is DENIED
AS MOOT;
5. That plaintiff’s claims are DISMISSED WITH PREJUDICE;
6. That the Trial Preparation Conference set for December 7, 2012, is
VACATED;
7. That the trial to the court set to commence December 10, 2012, is VACATED;
8. That any pending motion is DENIED as moot; and

2

9. That judgment SHALL ENTER on behalf of defendant, 7-Eleven, Inc., and
against plaintiff, Alemayehu Getachew, as to all claims and causes of action asserted
herein; provided, that the judgment shall be with prejudice;
Dated September 24, 2012, at Denver, Colorado.
BY THE COURT:

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