De La Torre v. Metropolitan State College et al

Filing 58

ORDER denying 34 Motion for Summary Judgment. By Judge Robert E. Blackburn on 2/1/13. (kfinn, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 11-cv-03338-REB-MJW ANGELINA DE LA TORRE, Plaintiff, v. METROPOLITAN STATE COLLEGE, Board of Trustees; STEPHEN JORDAN, in his individual and official capacity as President of Metropolitan State College; LINDA S. CURRAN, in her individual and official capacity as Provost and Vice President for Academic Affairs; and LUIS TORRES, in his individual and official capacity as Deputy Provost of Academic Affairs, Defendants. ORDER CONCERNING MOTION FOR SUMMARY JUDGMENT Blackburn, J. This matter is before me on the Defendants’ Motion for Summary Judgment [#34]1 filed November 6, 2012. The plaintiff filed a response [#43] and the defendants filed a reply [#46]. I deny the motion. I have jurisdiction over this case. My jurisdiction arises under 28 U.S.C. § 1331 (federal question). I have reviewed the motion, response, reply, 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. 1 “[#34]” is an example of the convention I use to identify the docket number assigned to a specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this convention throughout this order. THEREFORE, IT IS ORDERED that the Defendants’ Motion for Summary Judgment [#34] filed November 6, 2012, is DENIED. Dated February 1, 2013, at Denver, Colorado. BY THE COURT: 2

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