Gabriel v. Colorado Mountain Medical, P.C. et al

Filing 49

ORDER denying 37 Defendants' Motion for Summary Judgment. By Judge Robert E. Blackburn on 9/15/2014.(alowe)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 13-cv-02261-REB-CBS
CHERI GABRIEL,
Plaintiff,
v.
COLORADO MOUNTAIN MEDICAL, P.C., and
DR. BROOKS BOCK,
Defendants.

ORDER DENYING MOTION FOR SUMMARY JUDGMENT
Blackburn, J.
The matter before is Defendants’ Motion for Summary Judgment [#37],1 filed
June 4, 2014. I have jurisdiction over this matter pursuant to 28 U.S.C. §§ 1331 (federal
question) and 1367 (supplemental jurisdiction). Having reviewed the motion and
response and the apposite arguments, authorities, and evidence presented by the
parties, it is apparent that there exist genuine disputes of material fact that are not
appropriate for summary resolution.2

1

“[#37]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.
2

I also specifically decline plaintiff’s offer – put forward in the final sentence of her response brief
– to find as a matter of law that plaintiff was entitled to be reinstated to the full circumstances of her prior
position, including the ability to hold a second job. (See Plf. Resp. Br. at 18.) This request is both
undeveloped, see Berkowitz v. Metwest, Inc., 2010 WL 5395777 at *3 n.4 (D. Colo Dec. 23, 2010), and
procedurally improper, D.C.COLO.LCivR 7.1(d). Moreover, there clearly are genuine disputes of material
fact as to this issue.

THEREFORE, IT IS ORDERED that Defendants’ Motion for Summary
Judgment [#37], filed June 4, 2014, is DENIED.
Dated September 15, 2014, at Denver, Colorado.
BY THE COURT:

2