Martinez v. Fordyce Auto Center, Inc. et al

Filing 39

ORDER OF DISMISSAL AS TO PLAINTIFF'S FOURTH CLAIM FOR RELIEF FOR HARASSMENT, ONLY: Plaintiff's 38 Motion to Voluntarily Dismiss the Fourth Claim for Relief of Harassment is GRANTED. The 36 Recommendation on Defendant Gordon Fordyce's Motion to Dismiss the Plaintiff's Claim of Harassment in Amended Complaint Pursuant to F.R.C.P. [sic] 12(b)(6) is TERMINATED as moot. By Judge Robert E. Blackburn on 9/10/2014. (alowe)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 14-cv-01428-REB-MJW
JOSE MARTINEZ,
Plaintiff,
v.
FORDYCE AUTO CENTER, INC., and
GORDON FORDYCE
Defendants.

ORDER OF DISMISSAL AS TO PLAINTIFF’S
FOURTH CLAIM FOR RELIEF FOR HARASSMENT, ONLY
Blackburn, J.
The matter is before the court on Plaintiff’s Motion To Voluntarily Dismiss The
Fourth Claim For Relief For Harassment [#38]1 filed September 8, 2014. After
reviewing the motion and the record, the I conclude that the motion should be granted and
that plaintiff’s Fourth Claim for Relief for harassment should be dismissed.

THEREFORE, IT IS ORDERED as follows:
1. That Plaintiff’s Motion To Voluntarily Dismiss The Fourth Claim For Relief
For Harassment [#38] filed September 8, 2014, is GRANTED;
2. That plaintiff’s Fourth Claim for Relief for harassment is DISMISSED; and
3. That the Recommendation on Defendant Gordon Fordyce’s Motion To
Dismiss The Plaintiff’s Claim of Harassment in Amended Complaint Pursuant to

1

“[#38]” 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.

F.R.C.P. [sic] 12(b)(6) (Docket No. 20) [#36] entered August 26, 2014, is TERMINATED
as moot.
Dated September 10, 2014, at Denver, Colorado.

BY THE COURT:

2