Hart v. Dillon Companies, Inc.

Filing 32

ORDER RE: DEFENDANT DILLON COMPANIES, INC., d/b/a CITY MARKET'S MOTION TO AMEND ANSWER granting 22 Motion to Amend Answer. By Magistrate Judge David L. West on 09/27/2012. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge David L. West
Civil Action No. 12-CV-00238-MSK-DLW
DEBRA A. HART,
Plaintiff,
vs.
DILLON COMPANIES, INC.,
a Kansas Corporation, d/b/a CITY MARKET,
Defendant.

ORDER RE: DEFENDANT DILLON COMPANIES, INC., d/b/a
CITY MARKET’S MOTION TO AMEND ANSWER [DOC. #22]

ORDER ENTERED BY MAGISTRATE JUDGE DAVID L. WEST
The Defendant, Dillon Companies, Inc., Motion to Amend Answer [Doc. #22] was referred
to the Magistrate Judge on June 11, 2012 by Judge Martha S. Krieger.
Defendant, Dillon Companies, Inc., filed the Motion to Amend its Answer to add a defense
of after acquired evidence based on misconduct uncovered during discovery. That alleged
misconduct is the Plaintiff’s taping a conversation with Labor Relations Manager of Defendant,
Deborah Ross. That conversation discussed Plaintiff’s appeal of the decision to terminate her
employment.
The Court finds that McKennon v. Nashville Banner Pub. Co., 512 U.S. 339 applies and
this Court finds that Plaintiff is suing Defendant over its handling of the post-termination appeals

procedure and that the allegation of post-termination misconduct could be applicable in this case,
therefore:
IT IS HEREBY ORDERED that the Defendant’s Motion to Amend Answer [Doc. #22] is
GRANTED.
DATED: September 27, 2012.
BY THE COURT:

s/David L. West
United States Magistrate Judge