Opinion
Civil Case No. 10-cv-03129 -REB-KLM
01-12-2012
PATRICIA HOELSKEN, Plaintiff, v. IDEA INTEGRATION, CORP., Defendant.
Judge Robert E. Blackburn
ORDER DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
Blackburn, J.
The matter before me is Defendant's Motion for Summary Judgment and Memorandum in Support [#36] filed November 17, 2011. I have jurisdiction over this matter pursuant to 28 U.S.C. § 1331 (federal question). Having reviewed the motion and response and the apposite arguments, authorities, and evidence presented by the parties, it is apparent that there exist genuine issues of material fact that are not appropriate for summary resolution.
"[#36]" 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.
The issues raised by and inherent to the motion for summary judgment are fully briefed, obviating the necessity for evidentiary hearing or oral argument. Thus, the motion stands submitted on the briefs. Cf. FED. R. CIV. P. 56(c) and (d). Geear v. Boulder Cmty. Hosp., 844 F.2d 764, 766 (10th Cir.1988) (holding that hearing requirement for summary judgment motions is satisfied by court's review of documents submitted by parties).
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THEREFORE, IT IS ORDERED that Defendant's Motion for Summary Judgment and Memorandum in Support [#36], filed November 17, 2011, is DENIED.
Dated January 12, 2012, at Denver, Colorado.
BY THE COURT:
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Robert E. Blackburn
United States District Judge