Valles v. Gen-X Clothing No 63 et al

Filing 39

MINUTE ORDER granting 33 Unopposed Motion to Consider Forthwith GENX's Partial Motion to Dismiss as to Plaintiff's Second Amended Complaint. IT IS FURTHER ORDERED that the Partial Motion to Dismiss Pursuant to Rule 12(b)(6) (# 12 ) is REINSTATED. When the Court considers the Partial Motion to Dismiss Pursuant to Rule 12(b)(6) (# 12 ), the Court will treat it as responding to the Fourth Cause of Action included in the now operative Second Amended Complaint (# 27 ). By Magistrate Judge Kristen L. Mix on 07/24/13. (alvsl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00201-RM-KLM
HILLARY VALLES,
Plaintiff,
v.
GEN-X ECHO B, INC, d/b/a GENX and
MARTIN COLLAZO RANGEL,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Defendant GEN-X Echo B, Inc., d/b/a/ GENX’s
(“GENX”) Unopposed Motion to Consider Forthwith GENX’s Partial Motion to Dismiss
as to Plaintiff’s Second Amended Complaint [Docket No. 33; Filed July 18, 2013] (the
“Motion”). In the Motion [#33], GENX asks the Court to reinstate it’s Partial Motion to
Dismiss Pursuant to Rule 12(b)(6) [#12] which the Court denied as moot [#26] after
Plaintiff’s Second Amended Complaint With Demand for Jury Trial [#27] was accepted for
filing.
In the Motion [#33], GENX states that after amendment “Plaintiff’s negligent hiring
and retention claims did not change and the issues have already been fully briefed.”
Motion [#33] at 1. GENX argues that reinstating the Partial Motion to Dismiss Pursuant to
Rule 12(b)(6) [#12] “will save the parties the time and expense of having to re-file the exact
same papers with different titles.” Id. at 2. The Court notes that the Motion [#33] is
unopposed and, after a review of the Amended Complaint [#10] and the Second Amended
Complaint [#27], the Court agrees that Plaintiff’s Fourth Cause of Action has not changed.
Therefore,
IT IS HEREBY ORDERED that the Motion [#33] is GRANTED. Accordingly,
IT IS FURTHER ORDERED that the Partial Motion to Dismiss Pursuant to Rule
12(b)(6) [#12] is REINSTATED. When the Court considers the Partial Motion to Dismiss
Pursuant to Rule 12(b)(6) [#12], the Court will treat it as responding to the Fourth Cause
of Action included in the now operative Second Amended Complaint [#27].
Dated: July 24, 2013