Meeker v. Life Care Centers of America, Inc. et al

Filing 99

ORDER that Plaintiffs Motion for Court to Exercise Subject Matter Jurisdiction over State Law Claims Against Employer Defendants ECF No. 23 is DENIED WITHOUT PREJUDICE, by Judge Wiley Y. Daniel on 3/25/2015.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Wiley Y. Daniel
Civil Action No. 14-cv-02101-WYD-NYW
MICHELLE MEEKER,
Plaintiff,
v.
LIFE CARE CENTERS OF AMERICA, INC., d/b/a HERITAGE PARK CARE CENTER;
COLORADO MEDICAL INVESTORS, LLC, d/b/a HERITAGE PARK CARE CENTER;
TOWN OF CARBONDALE, COLORADO;
EUGENE SCHILLING, Chief of the Carbondale Police Department, in his official and
individual capacities;
MICHAEL ZIMMERMAN, Police Officer in the Carbondale Police Department, in his
official and individual capacities;
ROBERT BAKER, Executive Director of LCCAs Heritage Park Care Center;
JESSICA VARLEY, Human Resources Director of LCCAs Heritage Park Care Center;
and
MELANIE HOLMES, Director of Nursing of LCCAs Heritage Park Care Center,
Defendants.

ORDER

THIS MATTER is before the Court in connection with Plaintiff’s Motion for Court
to Exercise Subject Matter Jurisdiction over State Law Claims Against Employer
Defendants filed August 21, 2014. I find that the issues raised in this motion are also at
issue in Life Care Defendants’ Motion to Dismiss and should be dealt with in connection
with that motion, which will be resolved shortly. I will therefore deny without prejudice
Plaintiff’s Motion for Court to Exercise Subject Matter Jurisdiction over State Law
Claims Against Employer Defendants. While I will consider the arguments made in that
motion, I will do so in connection with my ruling on the Motion to Dismiss.

It is therefore
ORDERED that Plaintiff’s Motion for Court to Exercise Subject Matter Jurisdiction
over State Law Claims Against Employer Defendants (ECF No. 23) is DENIED
WITHOUT PREJUDICE.
Dated: March 25, 2015.
BY THE COURT:

/s/ Wiley Y. Daniel
WILEY Y. DANIEL,
SENIOR UNITED STATES DISTRICT JUDGE

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