Free Trial Preparation Conference - District Court of Colorado - Colorado

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Date: December 31, 1969
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State: Colorado
Category: District Court of Colorado
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Case 1:04-cv-00074-MSK-CBS

Document 73

Filed 09/22/2005

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IN THE UNITED S TATES DIS TRICT COURT FOR THE DIS TRICT OF COLORADO HONORABLE MARCIA S . KRIEGER Courtroom Deputy: M aureen Nelson Court Reporter: Paul Zuckerman Civil Action No. 04-cv-00074-M SK-CBS Parties: JIM M Y L. STROZIER Plaintiff, v. UNITED STATES POSTAL SERVICE, and JOHN E. POTTER, PM B Defendants. Elizabeth Weishaupl Counsel Appearing: Pro Se Date: September 15, 2005


HEARING: Final Trial Preparation Conference 4:06 p.m. Court in session.

Argument on pending motions. Oral findings and conclusions of law are made of record and incorporated herein. ORDER: M otion for Summary Judgment (Doc. #35) is granted. The Court dismisses both the rehabilitation act claim and the retaliation claim of the plaintiff. M otion to Dismiss Complaint (Doc. #54) is granted. The motion to dismiss is granted with regard to all requests and results in the dismissal of the race discrimination claim, the sex discrimination claim, and the age discrimination claim. The claims still remaining are: 1) removal without just cause, 2) hostile work environment, 3) conspiracy and 4) assault.


Discussion regarding remaining claims.

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

Document 73

Filed 09/22/2005

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The plaintiff shall have 20 days to file with the Court a statement of what the removal without just cause claim and the hostile work environment claim are and where the plaintiff thinks there is legal authority for some kind of remedy. The government shall have 10 days thereafter to file whatever motions it thinks is appropriate with regard to those claims.


The Court dismisses the conspiracy claim and the assault claim. The only two remaining claims are 1) removal without just cause and 2) hostile work environment. M otion for Order to Invoke the Exclusion Rule (Doc. #56) is granted. M otion for Order for the Court to Accommodate the Plaintiff with a Chair with a Back Rest on It (Doc. #59) is granted. M otion to Amend Exhibit List (Doc. #70) is granted. The parties shall have 30 days from today' date to frame up an amended witness and exhibit list. s



Discussion regarding voir dire and trial process. ORDER: 4:57 p.m. Total Time: The parties are directed to submit a list of stipulated facts. Court in recess. 51 minutes

Hearing concluded.