Opinion
Civil Action No. 12-cv-03351-RPM
02-01-2013
GRETCHEN GESHAM and SPENCER GRESHAM, individually and as Parents and Natural Buardians of GRAYSON GRESHAM, a minor, Plaintiff, v. THOMAS E. LOBE, M.D., Defendant.
Senior District Judge Richard P. Matsch
ORDER DENYING DEFENDANT'S MOTION FOR PARTIAL DISMISSAL
On January 10, 2013, the defendant Thomas E. Lobe, M.D., filed a motion for partial dismissal, seeking dismissal of the second claim for relief in the complaint. It is clear from the complaint and the plaintiffs' response to the defendant's motion that the claim is a separate tort claim under Colorado law for outrageous conduct which has been pleaded sufficiently. It is
ORDERED that the motion for partial dismissal filed by defendant Thomas E. Lobe, M.D., [11] is denied.
BY THE COURT:
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Richard P. Matsch, Senior Judge