Martinez v. Health Care Partners Foundation Inc.

Filing 21

MINUTE ORDER by Magistrate Judge Kristen L. Mix on 10/29/14. Plaintiffs [sic] Counter Motion to Dismiss 15 is DENIED.(lgale, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02399-RM-KLM
MICHAEL ANGELO MARTINEZ,
Plaintiff,
v.
HEALTH CARE PARTNERS FOUNDATION, INC.,
Defendant.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiffs [sic] Counter Motion to Dismiss
[#15]1 (the “Motion”). Plaintiff is proceeding in this matter without an attorney. The Motion
was titled as a motion and the Clerk’s Office therefore filed it as a motion. However, the
Motion begins by asking the Court “to not grant Defendant’s Motion to Dismiss” and
continues by offering Plaintiff’s arguments as to why Defendant Health Care Partners &
Employees’ Motion to Dismiss [#7] should be denied. In addition, on October 1, 2014, the
Court ordered Plaintiff to file a response to Defendant Health Care Partners & Employees’
Motion to Dismiss [#7] on or before October 31, 2014. Minute Order [#10] at 2. The instant
Motion was filed on October 15, 2014. Based on the content of the Motion and the fact that
the Motion was filed shortly after Plaintiff was ordered to file a response to Defendant
Health Care Partners & Employees’ Motion to Dismiss [#7], the Court understands the
Motion to be a response to Defendant Health Care Partners & Employees’ Motion to
Dismiss [#7], not a motion requesting affirmative relief. Accordingly,
IT IS HEREBY ORDERED that the Motion [#15] is DENIED. The Court will review
the Motion and treat it as a response to Defendant Health Care Partners & Employees’
Motion to Dismiss [#7] when considering that motion.
Dated: October 29, 2014

1

“[#15]” 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 Minute Order.