Toal v. Emailvision, Inc.

Filing 10

ORDER DISMISSING CLAIM OF OUTRAGEOUS CONDUCT: the second claim for relief in the original complaint and amended compliant is dismissed pursuant to Fed.R.Civ.P. 12(b)(6) re 1 , 6 , 7 and 9 , by Judge Richard P. Matsch on 2/22/2013.(rpmcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Richard P. Matsch, Senior District Judge
Civil Action No. 12-cv-02984-RPM
REBECCA TOAL,
Plaintiff,
v.
EMAILVISION, INC., a Delaware corporation,
Defendant.
____________________________________________________________________________________
ORDER DISMISSING CLAIM OF OUTRAGEOUS CONDUCT
____________________________________________________________________________________
On January 16, 2013, the defendant filed a motion to dismiss plaintiff’s claim of outrageous
conduct, the second claim for relief in the complaint filed November 13, 2012. On February 6, 2013, the
plaintiff filed a first amended complaint and again included outrageous conduct as a tort claim in the
second claim for relief. The defendant again filed a motion to dismiss that claim on February 21, 2013,
because of insufficiency of allegations of fact. The allegations in the original and first amended
complaint are insufficient to allege a claim for the tort of outrageous conduct under Colorado law and it
is therefore
ORDERED that the second claim for relief in the original complaint and amended compliant is
dismissed pursuant to Fed.R.Civ.P. 12(b)(6).

DATED: February 22, 2013
BY THE COURT:
s/Richard P. Matsch
_________________________________
Richard P. Matsch, Senior District Judge