Danes v. Denver Health and Hospital Authority

Filing 14

ORDER denying 11 Plaintiff's Motion for Leave to File Amended Complaint, by Judge Richard P. Matsch on 8/16/2013.(ervsl, )

THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 13-cv-01083-RPM
KARLA DANES,
Plaintiff,
v.
DENVER HEALTH AND HOSPITAL AUTHORITY,
Defendant.
____________________________________________________________________________
ORDER DENYING PLAINTIFF’S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT
____________________________________________________________________________
On July 16, 2013, the plaintiff filed a Motion for Leave to File Amended Complaint, the
proposed amended complaint being attached to the motion. The defendant Denver Health and
Hospital Authority filed a response on August 6, 2013, and the plaintiff filed her reply on August
15, 2013. The purpose in filing the amended complaint is to seek relief from an additional
defendant, Dr. Kerry Broderick, on a claim for intentional inference with contract. The
defendant’s objection is that the plaintiff’s employment was at-will and therefore does not give
rise to such a claim. The plaintiff’s reply concedes the at-will employment but contests the legal
conclusion. Because this Court is uncertain with respect to the Colorado law regarding
interference with at-will employment and because of uncertainty concerning a supervisor’s
liability for intentional interference with contract under Colorado law, it is
ORDERED that this Court will not exercise supplemental jurisdiction under 28 U.S.C. §
1367 and it is therefore

ORDERED that the motion to amend complaint is denied.
Dated: August 16th, 2013
BY THE COURT:
s/Richard P. Matsch
________________________________
Richard P. Matsch, Senior District Judge

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