Free Motion for Summary Judgment - District Court of Colorado - Colorado

Case 1:03-cv-01305-MEH-CBS

Document 97

Filed 03/13/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-01305-MEH-CBS

VICTORIA GIANNOLA Plaintiff v. ASPEN/PITKIN COUNTY HOUSING AUTHORITY and STEVE BARWICK Defendants DEFENDANT ASPEN/PITKIN COUNTY HOUSING AUTHORITY'S MOTION FOR SUMMARY JUDGMENT RE: STATUTE OF FRAUDS Defendant Aspen/Pitkin County Housing Authority, by and through its attorneys, Treece, Alfrey, Musat & Bosworth, P.C., and pursuant to FED. R. CIV. P. 56 ("Rule 56"), hereby submits this Motion for Summary Judgment, and in support thereof states as follows: 1. Plaintiff Victoria Giannola was employed by the City of Aspen as an Assistant

Director for Defendant Aspen/Pitkin County Housing Authority ("Authority") from July, 2000 to June, 2003 when she was terminated due to the abolishment of her position. 2. Plaintiff filed this wrongful termination lawsuit against the Authority and Steve

Barwick, the City Manager. In her Complaint, Plaintiff asserts four causes of action: (1) breach of employment contract; (2) breach of the duty of good faith and fair dealing; (3) promissory estoppel; and (4) a claim under 42 U.S.C. § 1983. In support of her claims, Plaintiff alleges that the position was advertised as a five-year position and that she was wrongfully terminated from her position approximately three years from her start date. See Complaint ¶5.

Case 1:03-cv-01305-MEH-CBS

Document 97

Filed 03/13/2006

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3.

It is undisputed that no written contract indicating the terms of Plaintiff's

employment and signed by the parties exist. Based upon the undisputed material facts, the Authority is entitled to summary judgment on all Plaintiff's claims as Plaintiff's claims are barred by the statute of frauds. See COLO.REV .STAT. § 38-10-112. 4. The Authority respectfully submits the accompanying Memorandum Brief in

support of its Motion for Summary Judgment. WHEREFORE, Defendant Aspen/Pitkin County Housing Authority respectfully requests this Court to enter an order granting summary judgment in favor of the Authority on all Plaintiff's claims, for its costs, expenses and attorneys' fees as permitted by statute, including, but not limited to COLO . REV . STAT. § 13-17-201, and for such other relief as the Court deems just and proper. Respectfully submitted this 13th day of March, 2006.

TREECE, ALFREY, MUSAT & BOSWORTH, P.C.

s/ Laura A. Childs __________________________________ Paul E. Collins Laura A. Childs 999 18th Street, Suite 1600 Denver, Colorado 80202 (303) 292-2700 Attorneys for Defendant Aspen/Pitkin County Housing Authority

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Case 1:03-cv-01305-MEH-CBS

Document 97

Filed 03/13/2006

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CERTIFICATE OF SERVICE I hereby certify that on this 13th day of March, 2006, a true and correct copy of the foregoing DEFENDANT ASPEN/PITKIN COUNTY HOUSING AUTHORITY'S MOTION FOR SUMMARY JUDGMENT RE: STATUTE OF FRAUDS was served upon the following by the method indicated: Steven J. Dawes, Esq Light, Harrington & Dawes, P.C. 1512 Larimer Street, Suite 550 Denver, CO 80202 via U.S. Mail via Hand Delivery via Facsimile via Overnight Delivery via CM/ECF e-mail via U.S. Mail via Hand Delivery via Facsimile via Overnight Delivery via CM/ECF e-mail

Sander N. Karp, Esq. Leavenworth & Karp, P.C. 201 14th Street, Suite 200 P. O. Drawer 2030 Glenwood Springs, CO 81602

s/Theresa L. Webb ____________________________________

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