Rea v. Re/Max,L.L.C. et al

Filing 16

ORDER Denying 10 Motion to Dismiss. Failure to state claims for relief and pursuant to Fed.R.Civ.P. 12(b)(6), the third and fourth claims for relief are dismissed and because the plaintiff has clarified that the first and second claims for relief are not alleged against the individual defendants, they are dismissed from this civil action. In all other respects as to the first and second claims for relief, the scope of which will be considered at the scheduling conference, by Judge Richard P. Matsch on 3/8/2012.(rpmcd) Modified to add further language of Order on 3/8/2012 (rpmcd).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 12-cv-00090-RPM
DAVID W. REA, JR.,
Plaintiff,
v.
RE/MAX, L.L.C.;
DAVID LINIGER;
MARGARET KELLY;
JOHN DUPONT, and
MIKE REAGAN,
Defendants.
_____________________________________________________________________
ORDER ON DEFENDANTS’ MOTION TO DISMISS
_____________________________________________________________________
Upon consideration of the complaint, the defendants’ motion to dismiss and
plaintiff’s opposition, it is
ORDERED that for the failure to state claims for relief and pursuant to
Fed.R.Civ.P. 12(b)(6), the third and fourth claims for relief are dismissed and because
the plaintiff has clarified that the first and second claims for relief are not alleged against
the individual defendants, they are dismissed from this civil action. It is
FURTHER ORDERED that the defendants’ motion to dismiss is denied in all
other respects as to the first and second claims for relief, the scope of which will be
considered at the scheduling conference.
DATED: March 8th, 2012
BY THE COURT:
s/Richard P. Matsch
__________________________
Richard P. Matsch, Senior Judge