Arndt et al v. City of Colorado Springs
ORDER Denying 68 Motion to Dismiss, by Judge Richard P. Matsch on 3/8/16. (ktera)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 15-cv-00922-RPM
MAGDALENA SANTOS, and
CITY OF COLORADO SPRINGS,
ORDER DENYING MOTION TO DISMISS
The defendant filed a motion to dismiss the ADA claim of plaintiff Julie Garrett under
Rule 12(b)(1) for failure to receive a notice of right to sue letter. In response counsel for the
plaintiff has represented that a charge of age discrimination has been made by Ms. Garrett and
a right to sue letter is expected. It is not clear that there is a jurisdictional defect but even so the
receipt of that letter would cure any such defect and it is a waste of judicial resources to grant
the defendant’s motion at this time. Accordingly, it is
ORDERED that the motion is denied.
March 8th, 2016
BY THE COURT:
s/Richard P. Matsch
Richard P. Matsch, Senior Judge
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