Archuleta v. North Conejos School District

Filing 28

ORDER denying 24 defendants Motion to Dismiss under Fed. R. Civ. P. 12(b) (6), by Judge Richard P. Matsch on 3/5/2015.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02815-RPM
CARLA ARCHULETA,
Plaintiff,
v.
NORTH CONEJOS SCHOOL DISTRICT,
Defendant
______________________________________________________________________________
ORDER DENYING MOTION TO DISMISS
______________________________________________________________________________
On January 26, 2015, defendant filed a motion to dismiss amended complaint,
challenging the sufficiency of the factual allegations of the amended complaint and relying, in
part, on an investigative report referred to in the amended complaint. The motion is therefore
considered under Fed. R. Civ. P. 12(b)(6), seeking dismissal for insufficient pleadings. The
plaintiff filed their response on March 4, 2015. While there may be a basis for dismissal of some
of the plaintiff’s claims for relief such as the age discrimination claim and there may some
redundancy in the claims, this case should not be dismissed on the basis of the insufficiency of
the amended complaint. This civil action has been pending since October 15, 2014 because of
the “Pilot Project” in this District. It should now move forward promptly without waiting for any
reply from the defendant. It is now
ORDERED the defendant’s Motion to Dismiss under Fed. R. Civ. P. 12(b)(6) is denied.

DATED: March 5, 2015
BY THE COURT:
s/Richard P. Matsch
_________________________________
Richard P. Matsch, Senior District Judge