Epps v. United Parcel Services Company

Filing 62

MINUTE ENTRY for Oral Argument Hearing held before Judge R. Brooke Jackson on 3/15/2013. Plaintiff's Oral Motion to Withdraw the Third Claim is granted. The third claim is withdrawn. Denying as moot 45 Motion to Reconsider. Granting in p art and denying in part 55 Motion for Summary Judgment. The Court grants summary judgment in favor of Defendant with respect to claim 4, and dismisses claim 4 based on retaliation. The Court grants summary judgment in favor of Defendant with respect to claims 5 and 6, and dismisses claims 5 and 6. Trial Preparation Conference reset for 3/21/2013 at 09:00 AM in Courtroom A 902 before Judge R. Brooke Jackson. Court Reporter: Kara Spitler. (eseam)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
JUDGE R. BROOKE JACKSON

Courtroom Deputy:
Court Reporter:

Emily Seamon
Kara Spitler

Date: March 15, 2013

Civil Action No. 12-cv-00316-RBJ
Parties:

Counsel:

PAMELA EPPS, an individual,

Christina Dixon

Plaintiff,
v.
UNITED PARCEL SERVICES
COMPANY,

Steven Gutierrez
Alyssa Yatsko

Defendant.

COURTROOM MINUTES

ORAL ARGUMENT
10:00 a.m.

Court in session.

Appearances of counsel.
Discussion between the Court and counsel regarding Defendant’s Motion for Summary
Judgment and Supporting Brief [Doc. No. 55] and Plaintiff’s response brief.
ORDERED: Plaintiff’s Oral Motion to Withdraw the Third Claim is GRANTED. The third
claim is WITHDRAWN.
10:02 a.m.

Ms. Dixon provides evidence in support of the claims in the case.

10:59 a.m.

Argument by Mr. Gutierrez regarding Plaintiff’s claims 1 and 2.

Discussion regarding the possibility of postponing the trial preparation conference.

11:15 a.m.

Argument by Ms. Dixon regarding the 300 day filing period.

For the reasons and findings as stated on the record, it is;
ORDERED: Defendant’s Motion to Reconsider Order Denying Motion for Protective Order
and to Quash Subpoena and Notice of Deposition [Doc. No. 45, Filed October 11,
2012] is DENIED AS MOOT.
ORDERED: Defendant’s Motion for Summary Judgment and Supporting Brief [Doc. No. 55,
Filed December 23, 2012] is DENIED with respect to claim 1, DENIED with
respect to claim 2, GRANTED with respect to claim 4, and GRANTED with
respect to claims 5 and 6.
ORDERED: The Court grants summary judgment in favor of Defendant with respect to claim
4, and dismisses claim 4 based on retaliation.
ORDERED: The Court grants summary judgment in favor of Defendant with respect to claims
5 and 6, and dismisses claims 5 and 6.
ORDERED: The Trial Preparation Conference set for Friday, March 15, 2013 at 2:30 p.m. is
RESET for Thursday, March 21, 2013 at 9:00 a.m. Parties should exchange
jury instructions in advance and be prepared to discuss them at this
proceeding.
Discussion regarding outstanding discovery and jury questionnaires.
12:05 p.m.

Court in recess.

Hearing concluded.
Total time:

2:05

2