Brookshire v. Poudre Valley Health Care, Inc. et al

Filing 16

ORDER Denying 5 Defendants' Motion to Dismiss, by Judge Richard P. Matsch on 10/7/2014.(jsmit)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 14-cv-01861-RPM
ANNETTE M. BROOKSHIRE
Plaintiff,
v.
POUDRE VALLEY HEALTH CARE, INC. d/b/a
POUDRE VALLEY HEALTH SYSTEM and
UNIVERSITY OF COLORADO HEALTH, d/b/a
POUDRE VALLEY HEALTH CARE, INC., d/b/a
POUDRE VALLEY HEALTH SYSTEM, AND d/b/a
POUDRE VALLEY HOSPITAL
Defendants.
____________________________________________________________________
ORDER DENYING DEFENDANTS’ MOTION TO DISMISS

_____________________________________________________________________
On September 15, 2014, the defendants filed a motion to dismiss pursuant to Fed. R.
Civ. P. 12(b)(6), asserting judicial estoppel for the failure of the plaintiff to disclose this civil
action in her Chapter 7 Bankruptcy Petition, filed June 25, 2014. In her response the plaintiff
claimed inadvertence and misunderstanding of the form and shows that she has now filed an
amended Statement of Financial Affairs, disclosing this civil action, [Doc. 7]. Accordingly, it is
inappropriate to exercise the discretion to dismiss this civil action under the doctrine of judicial
estoppel because no harm has been done. It is
ORDERED that the motion to dismiss is denied.
DATED: October 7th, 2014
BY THE COURT:

s/Richard P. Matsch
__________________________
Richard P. Matsch, Senior Judge