Ortega v. Southern Colorado Clinic, P.C.

Filing 15

MINUTE ORDER. The Unopposed Motion to Dismiss Claim Three of Plaintiffs Complaint 14 is GRANTED. Defendant's Partial Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) 10 is DENIED AS MOOT by Judge Wiley Y. Daniel on 08/09/13.(jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Wiley Y. Daniel
Civil Action No. 13-cv-01397-WYD-CBS
CHRISTINE ORTEGA,
Plaintiff,
v.
SOUTHERN COLORADO CLINIC, P.C.,
Defendant.

MINUTE ORDER
ORDER ENTERED BY SENIOR JUDGE WILEY Y. DANIEL
The Unopposed Motion to Dismiss Claim Three of Plaintiff’s Complaint (ECF No.
14) is GRANTED. Plaintiff’s Third Claim for Relief (Failure to provide notice of the
Family Medical Leave Act (“FMLA”)) and Plaintiff’s claim for Exemplary Damages (within
her Second Claim for Relief - Intentional Infliction of Emotional Distress) are
DISMISSED WITHOUT PREJUDICE. Accordingly, Defendant’s Partial Motion to
Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) (ECF No. 10) is DENIED AS MOOT.
Dated: August 9, 2013

-1-