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).

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