Free Motion to Dismiss - District Court of Colorado - Colorado

Case 1:04-cv-00074-MSK-CBS

Document 78-10

Filed 10/18/2005

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-00074-MSK-CBS JIMMY L. STROZIER, Plaintiff, v. JOHN E. POTTER, Postmaster General, U.S. Postal Service, Defendant.

ORDER RE: DEFENDANT'S MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b) (1) AND REQUEST FOR BRIEFING SCHEDULE ________________________________________________________________________ The Court having reviewed Defendant's Motion and being otherwise fully advised in its premises, hereby GRANTS the motion. The claim for hostile work environment is dismissed. The trial is vacated. Regarding the claim for termination without just cause the Defendant shall have 45 days from the date of this order within which to file an administrative record with the Court. The Opening Brief shall be submitted 30 days from the date of the lodging of the record. A Response Brief shall be filed within 30 days of the filing of the Opening Brief.

Done this ________ day of ____________, 2005. BY THE COURT __________________ District Court Judge