Opinion
Civil Action No. 05-cv-01428-RPM.
October 21, 2005
ORDER OF DISMISSAL WITHOUT PREJUDICE
The complaint filed in this matter on July 29, 2005, did not expressly invoke federal jurisdiction for a claim under Title VII of the Civil Rights Act of 1964, as amended, and did assert claims for relief under analogous Colorado law. The defendant filed an answer on September 9, 2005, with an objection to subject matter jurisdiction. The plaintiff filed a response on September 29, 2005, with a motion to file an amended complaint, asserting that the conditions precedent to a claim under Title VII had been met by a filing with the EEOC and a notice of right to sue letter. At the scheduling conference held today, the Court inquired with respect to the number of employees of the defendant Falcon Fire Protection District. It appearing that the District does not have fifteen employees and is not therefore a statutory employer under Title VII, it is now
ORDERED that this civil action is dismissed, without prejudice, for lack of federal subject matter jurisdiction.