Opinion
Civil Action 21-cv-01688-CNS-MEH
11-07-2022
COURTROOM MINUTES
CHARLOTTE N. SWEENEY, JUDGE
MOTION HEARING VIA TELEPHONE
Court in Session: 1:28 p.m.
Appearance of counsel and Pro Se plaintiff.
This matter is before the Court as to [46] Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint and [52] Recommendation of United States Magistrate Judge.
As outlined on the record it is
ORDERED: [52] Recommendation of United States Magistrate Judge is ADOPTED in part and REJECTED in part.
[46] Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint is GRANTED in part and DENIED in part.
Plaintiff's Title VII claims of race and sex discrimination and retaliation are dismissed with prejudice.
ORDERED: Plaintiff's claim of untimely payment of wages claim under the Colorado Wage Claim Act is dismissed with prejudice.
Plaintiff's claim of wrongful discharge in violation of public policy under Colorado law is dismissed.
The plaintiff's claims of retaliation under both the Colorado Wage Act Claim and the Fair Labor Standards Act remain.
The Court will issue an order for the appointment of counsel from the civil pro bono program.
ORDERED: Parties are to contact Magistrate Judge Hegarty's chambers within 21 days of today to set a status conference.
Court in Recess: 1:42 p.m. Hearing concluded. Total time in Court: 00:14