Draper v. Cigna Healthcare — Centennial State

Full title: THERESA DRAPER, Plaintiff, v. CIGNA HEALTHCARE — CENTENNIAL STATE, INC.…

Court: United States District Court, D. Colorado

Date published: Jan 28, 2011

Civil Case No. 11-cv-00056-REB-KMT (D. Colo. Jan. 28, 2011)

Opinion

Civil Case No. 11-cv-00056-REB-KMT.

January 28, 2011

ORDER GRANTING MOTION TO DISMISS CERTAIN CLAIMS AND TO AMEND THE COMPLAINT

ROBERT BLACKBURN, District Judge

The matter is before me on plaintiff's Motion To Dismiss Certain Claims and To Amend The Complaint [#5] filed January 27, 2011. After reviewing the motion and the file, I conclude that the motion should be granted; that plaintiff's claims 1, 2, and 5 of her complaint should be dismissed; and that pursuant to Fed.R.Civ.P. 15(a) the tendered amended complaint should be accepted for filing.

THEREFORE, IT IS ORDERED as follows:

1. That the Motion To Dismiss Certain Claims and To Amend The Complaint [#5] filed January 27, 2011, is GRANTED;

2. That plaintiff's claims 1, 2 and 5, claims alleging violations under the Americans with Disabilities Act, the Colorado Anti-Discrimination Act and the Family Medical Leave Act, are DISMISSED; and

3. That under Fed.R.Civ.P. 15(a), plaintiff's Amended Complaint and Jury Demand [#5-1] is ACCEPTED for filing.

Dated January 28, 2011, at Denver, Colorado.