Opinion
Civil Action No. 12-cv-02984-RPM
02-22-2013
REBECCA TOAL, Plaintiff, v. EMAILVISION, INC., a Delaware corporation, Defendant.
Richard P. Matsch, Senior District Judge
ORDER DISMISSING CLAIM OF OUTRAGEOUS CONDUCT
On January 16, 2013, the defendant filed a motion to dismiss plaintiff's claim of outrageous conduct, the second claim for relief in the complaint filed November 13, 2012. On February 6, 2013, the plaintiff filed a first amended complaint and again included outrageous conduct as a tort claim in the second claim for relief. The defendant again filed a motion to dismiss that claim on February 21, 2013, because of insufficiency of allegations of fact. The allegations in the original and first amended complaint are insufficient to allege a claim for the tort of outrageous conduct under Colorado law and it is therefore
ORDERED that the second claim for relief in the original complaint and amended compliant is dismissed pursuant to Fed.R.Civ.P. 12(b)(6).
BY THE COURT:
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Richard P. Matsch, Senior District Judge