Beatty v. Vitrolife, Inc.

Filing 10

ORDER Granting 7 Motion to Dismiss THIRD CLAIM FOR RELIEF, in the plaintiff's complaint 3 , by Judge Richard P. Matsch on 10/7/2014.(jsmit) Modified linkage on 10/7/2014 (jsmit).

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 14-cv-02357-RPM DAWN BEATTY, Plaintiff, v. VITROLIFE, INC., Defendant. _____________________________________________________________________ ORDER DISMISSING THIRD CLAIM FOR RELIEF _____________________________________________________________________ On September 2, 2014, the defendant filed a motion to dismiss the third claim for relief in the complaint pursuant to Fed.R.Civ.P. 12(b)(1) and 12(h)(3), [Doc 7]. The plaintiff has not responded to the motion. The plaintiff has not alleged and the defendant asserts that the necessary condition precedent to a claim under C.R.S. § 813.5-101, et seq. (Nursing Mothers Act) of a non-binding mediation between employer and employee has not been satisfied. Accordingly, it is ORDERED that the third claim for relief in the plaintiff’s complaint is dismissed. DATED: October 7th, 2014 BY THE COURT: s/Richard P. Matsch __________________________ Richard P. Matsch, Senior Judge

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