Opinion
Civil Case No. 10-cv-00455-REB-MJW
02-22-2013
TERESA HERNANDEZ, Plaintiff, v. VALLEY VIEW HOSPITAL ASSOCIATION, and MORRISON MANAGEMENT SPECIALISTS, INC., d/b/a Morrison Healthcare Food Services, Defendants.
Judge Robert E. Blackburn
ORDER ADOPTING RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE AND SETTING
TELEPHONIC TRIAL SETTING CONFERENCE
Blackburn, J.
The matter before me is the magistrate judge's Recommendation on Defendant Valley View's Motion for Partial Summary Judgment (Docket No. 174) [#178], filed January 28, 2013. I approve and adopt the unopposed recommendation.
"[#178]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's electronic case filing and management system (CM/ECF). I use this convention throughout this order.
No objection has been filed. Thus, I review the recommendation 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:
1. That the Recommendation on Defendant Valley View's Motion for Partial Summary Judgment (Docket No. 174) [#178], filed January 28, 2013, is APPROVED and ADOPTED as an order of this court;
"[#178]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's electronic case filing and management system (CM/ECF). I use this convention throughout this order.
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2. That Defendant Valley View's Motion for Partial Summary Judgment/Brief Regarding Constructive Discharge Issue Pursuant to August 30, 2012 Minute Order (Doc #169] [#174], filed October 2, 2012, is DENIED; and
3. That the court shall conduct a telephonic trial setting conference on Tuesday, March 5, 2013, at 10:00 a.m., provided, further
a. that counsel for plaintiff shall arrange, initiate, and coordinate the conference call necessary to facilitate the setting conference; and
b. that representatives (who possess calendaring authority) for all parties shall be on the line prior to contacting the court's Judicial Assistant, Ms. Susan Schmitz, at (303) 335-2350.
Dated February 22, 2013, at Denver, Colorado.
BY THE COURT:
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Robert E. Blackburn
United States District Judge