Hickey v. Donahoe

Filing 80

FINAL JUDGMENT re: 79 Order on Report and Recommendations. Signed by Clerk on 06/11/2014. (athom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-01054-CMA-BNB
LYNDA S. HICKEY,
Plaintiff,
v.
PATRICK R. DONAHOE, Postmaster General,
Defendant.

FINAL JUDGMENT

In accordance with the orders filed during the pendency of this case, and
pursuant to Fed. R. Civ. P. 58(a), the following Final Judgment is hereby entered.
Pursuant to the Order Adopting and Rejecting in Part the April 23, 2014
Recommendations of United States Magistrate Judge of Judge Christine M. Arguello
entered on June 11, 2014 it is
ORDERED that Plaintiff’s objection (Doc. # 72) is OVERRULED, it is further
ORDERED that Defendant’s objection to the Magistrate Judge’s order vacating
the scheduling conference (Doc. # 75) is OVERRULED and the Magistrate Judge’s
decision is AFFIRMED, it is further
ORDERED that Defendant’s Objection (Doc. # 68) is SUSTAINED and the
Magistrate Judge’s Recommendation is REJECTED to the extent it declined to address
Plaintiff’s possible claim for a breach of the Representative Agreement. Aside from the
analysis related to the Representative Agreement, the Recommendations of United

States Magistrate Judge Boyd N. Boland (Doc. ## 64, 65) are AFFIRMED and
ADOPTED as Orders of this Court. Pursuant to the Recommendation, it is further
ORDERED that Defendant’s Motion to Dismiss (Doc. # 56) is GRANTED and
this case is DISMISSED. It is further
ORDERED that Plaintiff’s Motion for Summary Judgment (Doc. # 59) is DENIED.
It is further
ORDERED that Plaintiff has 30 days from the entry of this order to file an
amended complaint clearly alleging a legal claim related to the 2003 Representative
Agreement. It is further
ORDERED the Defendant shall have his costs by the filing of a Bill of Costs with
the Clerk of this Court within fourteen (14) days of entry of judgment, and pursuant to
the procedures set forth in Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1.

Dated at Denver, Colorado this 11th day of June, 2014.

FOR THE COURT:
JEFFREY P. COLWELL, CLERK

By: s/

A. Thomas
Deputy Clerk