Pina-Belmarez v. Board of County Commissioners of Weld County, Colorado, The et al
Filing
79
FINAL JUDGMENT by Clerk in favor of defendants and against plaintiff. See judgment for details. By Clerk on 2/19/13. (kfinn, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-03179-REB-MJW
CORINNA PINA-BELMAREZ,
Plaintiff,
v.
THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO,
THE OFFICE OF THE WELD COUNTY CORONER/MEDICAL EXAMINER,
PATRICK C. ALLEN, M.D., in his individual capacity,
MARK WARD, in his individual capacity,
and
JAMES A. WILKERSON IV, M.D., in his individual capacity,
Defendants.
FINAL JUDGMENT
Pursuant to Fed. R. Civ. P. 58(a), and the orders entered in this case, Final
Judgment is entered.
A. Pursuant to the Order Re: Motion for Partial Dismissal of Claims [#39]
entered by Judge Robert E. Blackburn on July 19, 2012, which order is incorporated by
reference,
IT IS ORDERED as follows:
1. That defendants’ Motion for Partial Dismissal of Claims [#15], filed January
30, 2012, is GRANTED IN PART and DENIED IN PART as follows:
a. That the motion is GRANTED with respect to
(1) The First, Second, Fifth, Seventh, Eleventh, and Thirteenth (misdesignated as Eleventh, alleging violation of the Equal Protection Clause)
Claims for Relief set forth in plaintiff’s Complaint and Demand for Jury
Trial [#1] filed December 7, 2011, which claims are DISMISSED WITHOUT
PREJUDICE;
(2) The Ninth Claim for Relief as set forth in plaintiff’s Complaint and
Demand for Jury Trial [#1] filed December 7, 2011, insofar as it asserts a
claim for interference with plaintiff’s rights under the Family and Medical
Leave Act, which claim is DISMISSED WITHOUT PREJUDICE;
(3) The Sixth and Tenth Claims for Relief as set forth in plaintiff’s
Complaint and Demand for Jury Trial [#1] filed December 7, 2011, as
against the Board of County Commissioners of Weld County, Colorado,
and the Office of the Weld County Coroner/Medical Examiner only, which
claims are DISMISSED WITH PREJUDICE;
(4) The Fourth Claim for Relief as set forth in plaintiff’s Complaint and
Demand for Jury Trial [#1] filed December 7, 2011, which claim is
DISMISSED WITH PREJUDICE;
(5) Plaintiff’s Third Claim for Relief as against defendants Patrick C. Allen,
M.D., in his individual capacity, and James A. Wilkerson IV, M.D., in his
individual capacity, only, which claims are DISMISSED WITHOUT
PREJUDICE; and
b. That in all other respects, the motion is DENIED.
B. Pursuant to the oral order entered in open court by Judge Robert E. Blackburn
on January 30, 2013, as reflected in the courtroom minutes [#74], which order is
incorporated by reference,
IT IS ORDERED as follows:
1. That all claims for relief of the plaintiff against defendant James A. Wilkerson,
IV, M.D., are DISMISSED WITH PREJUDICE.
C. Pursuant to the oral orders entered in open court by Judge Robert E.
Blackburn on January 31, 2013, as reflected in the courtroom minutes [#76], which order
is incorporated by reference,
IT IS ORDERED as follows:
1. That the defendants’ oral mid-trial motion for entry of judgment as a matter of
law under Fed. R. Civ. P. 50(a)(1) is GRANTED IN PART and DENIED IN PART;
2. That the motion is GRANTED as to all claims for relief against defendant,
James A. Wilkerson IV, M.D.; thus all claims for relief are DISMISSED WITH
PREJUDICE against Dr. Wilkerson;
3. That the motion is GRANTED as to all claims for relief against the defendant,
The Board of County Commissioners of Weld County; thus all claims for relief are
DISMISSED WITH PREJUDICE against The Board of County Commissioners of Weld
County;
4. That the motion is GRANTED as to the claim for wrongful discharge against
public policy as against all other defendants; thus this claim for relief is DISMISSED
WITH PREJUDICE;
5. That the motion is GRANTED as to the claim for Title VII discrimination as
against all other defendants; thus this claim for relief is DISMISSED WITH PREJUDICE;
6. That the motion is GRANTED as to the claim for ADA discrimination as against
all other defendants; thus this claim for relief is DISMISSED WITH PREJUDICE;
7. That the motion is GRANTED as to the claim for breach of contract as against
all other defendants; thus this claim is DISMISSED WITH PREJUDICE;
8. That the motion is GRANTED as to the claim for Family and Medical Leave Act
retaliation as against The Office of the Weld County Coroner/Medical Examiner, Patrick
C. Allen, M.D., and Mark Ward insofar as that claim is based on any alleged change in
the plaintiff’s job description;
9. That the motion is DENIED as to Fair Labor Standards Act retaliation as
against The Office of the Weld County Coroner/Medical Examiner, Patrick C. Allen, M.D.,
and Mark Ward insofar as such claim is based on plaintiff’s termination;
10. That JUDGMENT AS A MATTER OF LAW IS ENTERED:
a. In favor of defendant, James A. Wilkerson, IV, M.D., against plaintiff, Corinna
Pina-Belmarez, as to all claims for relief and causes of action brought against him
in this lawsuit;
b. In favor of defendant, The Board of County Commissioners of Weld, County,
Colorado, against plaintiff, Corinna Pina-Belmarez, as to all claims for relief and
causes of action brought against it in this lawsuit;
c. In favor of defendant, The Office of the Weld County Coroner/Medical
Examiner, against plaintiff, Corinna Pina-Belmarez, as to plaintiff’s claims for
wrongful discharge, public policy, Americans with Disabilities Act discrimination,
Family and Medical Leave Act retaliation insofar as the claim is based on an
alleged change in plaintiff’s job description, breach of contract, and Title VII
discrimination;
d. In favor of defendant, Patrick C. Allen, M.D., against plaintiff, Corinna PinaBelmarez, as to plaintiff’s claims for wrongful discharge, public policy, Americans
with Disabilities Act discrimination, Family and Medical Leave Act retaliation
insofar as the claim is based on an alleged change in plaintiff’s job description,
breach of contract, and Title VII discrimination;
e. In favor of defendant, Mark Ward, against plaintiff, Corinna Pina-Belmarez, as
to plaintiff’s claim for wrongful discharge, public policy, Americans with Disabilities
Act discrimination, Family and Medical Leave Act retaliation insofar as the claim is
based on an alleged change in plaintiff’s job description, breach of contract, and
Title VII discrimination;
4. That defendants, James K. Wilkerson, IV, M.D., and the Board of County
Commissioners of Weld County, Colorado, are awarded their respective costs to be
taxed by the Clerk of the Court under Fed. R. Civ. P. 54(d)(1) and Local Rule 54.1.
D. Pursuant to the jury verdicts [#76-6] entered on January 31, 2013, and the oral
orders entered by Judge Robert E. Blackburn on January 31, 2013,
IT IS ORDERED as follows:
1. That, by a preponderance of the evidence, plaintiff, Corinna Pina-Belmarez did
not prove all three (3) essential elements of her claim for retaliation in violation of the Fair
Labor Standards Act as against defendant, The Office of the Weld County
Coroner/Medical Examiner;
2. That, by a preponderance of the evidence, plaintiff, Corinna Pina-Belmarez did
not prove all three (3) essential elements of her claim for retaliation in violation of the
Family and Medical Leave Act as against defendant, The Office of the Weld County
Coroner/Medical Examiner;
3. That, by a preponderance of the evidence, plaintiff, Corinna Pina-Belmarez,
did not prove all three (3) essential elements of her claim for retaliation in violation of the
Family and Medical Leave Act as against defendant, Patrick C. Allen, M.D.;
4. That, by a preponderance of the evidence, plaintiff, Corinna Pina-Belmarez,
did not prove all three (3) essential elements of her claim for retaliation in violation of the
Family and Medical Leave Act as against defendant, Mark Ward;
5. That JUDGMENT IS ENTERED in favor of defendants, The Office of the Weld
County Coroner/ Medical Examiner, Patrick C. Allen, M.D., and Mark Ward, and against
plaintiff, Corinna Pina-Belmarez, on her claims for retaliation in violation of the Fair Labor
Standards Act and the Family and Medical Leave Act; and
6. That defendants, The Office of the Weld County Coroner/Medical Examiner,
Patrick C. Allen, M.D., and Mark Ward are awarded their costs to be taxed by the Clerk
of the Court under Fed. R. Civ. P. 54(d)(1) and Local Rule 54.1.
DATED at Denver, Colorado, this 19th day of February, 2013.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
By: s/Edward P. Butler
Edward P. Butler
Deputy Clerk
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