Free Clerk's Judgment - District Court of Colorado - Colorado

Case 1:03-cv-00386-BNB-PAC

Document 101

Filed 05/18/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-00386-BNB-PAC THOMAS S. MAYES, Plaintiff, v. JOHN E. POTTER, UNITED STATES POSTAL SERVICE, Defendant. _____________________________________________________________________ JUDGMENT _____________________________________________________________________ Pursuant to and in accordance with the Orders signed by Magistrate Judge Boyd N. Boland on March 2, 2006, and September 6, 2006, incorporated herein by reference, it is ORDERED that Defendant' Motion for Summary Judgment is granted in part s and denied in part as follows: (1) Granted with respect to Claim One insofar as it seeks summary judgment

in favor of the defendant concerning gender discrimination under Title VII; (2) Denied with respect to Claim One insofar as it seeks summary judgment

in favor of the defendant concerning disability discrimination; and (3) Granted insofar as it seeks dismissal without prejudice of Claims Two

through Four for lack of subject matter jurisdiction. This matter was tried on the remaining claim from May 14, 2007, through

Case 1:03-cv-00386-BNB-PAC

Document 101

Filed 05/18/2007

Page 2 of 2

May 16, 2007, before a duly sworn jury of seven, Magistrate Judge Boland presiding. The trial proceeded to conclusion and the jury rendered its verdict as follows: 1. Do you find that the plaintiff has proven by a preponderance of the evidence all of the essential elements of his claim of disability discrimination in violation of the Rehabilitation Act? Answer Yes or No: No ACCORDINGLY, IT IS ORDERED that judgment is entered in favor of defendant, John E. Potter, United States Postal Service, and against plaintiff, Thomas S. Mayes. It is FURTHER ORDERED that defendant shall have his costs by the filing of a Bill of Costs with the Clerk of this Court within ten days of the entry of judgment. It is FURTHER ORDERED that the Amended Complaint and this civil action are dismissed. DATED this 18th day of May, 2007. FOR THE COURT: Gregory C. Langham, Clerk s/Stephen P. Ehrlich _______________________________ Stephen P. Ehrlich Chief Deputy Clerk

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