Jacobsen v. Bank of Denver, The et al

Filing 37

ORDER adopting 36 Report and Recommendations, and granting 24 Partial Motion To Dismiss, by Judge Robert E. Blackburn on 6/8/15. At the time judgment enters, judgment shall enter on behalf of defendant, The Bank of Denver, against plaintiff, Howeard E. Jacobsen. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn

Civil Action No. 14-cv-03441-REB-MJW
HOWARD E. JACOBSEN,
Plaintiff,
v.
THE BANK OF DENVER,
Defendant.

ORDER ADOPTING RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matter before me is the magistrate judge’s Report & Recommendation on
The Bank of Denver’s Partial Motion To Dismiss [#36],1 filed May 4, 2015. No
objection having been timely filed to the recommendation, I review it for plain error only.
See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d 1116,
1122 (10th Cir. 2005). Finding no such error in the magistrate judge’s recommended
disposition, I find and conclude that the recommendation should be approved and
adopted.
THEREFORE, IT IS ORDERED as follows:

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“[#36]” 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 order.

1. That the magistrate judge’s Report & Recommendation on The Bank of
Denver’s Partial Motion To Dismiss [#36], filed May 4, 2015, is approved and adopted
as an order of this court;
2. That defendant The Bank of Denver’s Partial Motion To Dismiss [#24],
filed March 20, 2015, is granted;
3. That the “Second Claim for Relief (ADAAA Regarded As Claim)” and “Third
Claim for Relief (ADAAA/Actual Disability Claim)” asserted in the Complaint [#1], filed
December 22, 2014, are dismissed without prejudice for failure to exhaust
administrative remedies;
4. That the “Fourth Claim for Relief (FMLA [29 U.S.C. §§ 2601 et seq.] –
Interference With Right To Leave)” asserted in the Complaint [#1], filed December 22,
2014, is dismissed with prejudice as barred by limitations; and
5. That at the time judgment enters, judgment shall enter on behalf of defendant,
The Bank of Denver, against plaintiff, Howeard E. Jacobsen, as follows:
a. That judgment without prejudice shall enter as to the “Second Claim for
Relief (ADAAA Regarded As Claim)” and “Third Claim for Relief
(ADAAA/Actual Disability Claim)” asserted in the Complaint [#1], filed
December 22, 2014; and
b. That judgment with prejudice shall enter as to the “Fourth Claim for
Relief [FMLA (29 U.S.C. §§ 2601 et seq]) – Interference With Right To
Leave)” asserted in the Complaint [#1], filed December 22, 2014.

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Dated June 8, 2015, at Denver, Colorado.
BY THE COURT:

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