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Jacobsen v. Bank of Denver

United States District Court, D. Colorado

June 8, 2015

HOWARD E. JACOBSEN, Plaintiff,
v.
THE BANK OF DENVER, Defendant.

ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

ROBERT E. BLACKBURN, District Judge.

The matter before me is the magistrate judge's Report & Recommendation on The Bank of Denver's Partial Motion To Dismiss [#36], [1] filed May 4, 2015. No objection having been timely filed to the recommendation, I review it for plain error only. See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005). Finding no such error in the magistrate judge's recommended disposition, I find and conclude that the recommendation should be approved and adopted.

THEREFORE, IT IS ORDERED as follows:

1. That the magistrate judge's Report & Recommendation on The Bank of Denver's Partial Motion To Dismiss [#36], filed May 4, 2015, is approved and adopted as an order of this court;

2. That defendant The Bank of Denver's Partial Motion To Dismiss [#24], filed March 20, 2015, is granted;

3. That the "Second Claim for Relief (ADAAA Regarded As Claim)" and "Third Claim for Relief (ADAAA/Actual Disability Claim)" asserted in the Complaint [#1], filed December 22, 2014, are dismissed without prejudice for failure to exhaust administrative remedies;

4. That the "Fourth Claim for Relief (FMLA [29 U.S.C. §§ 2601 et seq. ] - Interference With Right To Leave)" asserted in the Complaint [#1], filed December 22, 2014, is dismissed with prejudice as barred by limitations; and

5. That at the time judgment enters, judgment shall enter on behalf of defendant, The Bank of Denver, against plaintiff, Howeard E. Jacobsen, as follows:

a. That judgment without prejudice shall enter as to the "Second Claim for Relief (ADAAA Regarded As Claim)" and "Third Claim for Relief (ADAAA/Actual Disability Claim)" asserted in the Complaint [#1], filed December 22, 2014; and
b. That judgment with prejudice shall enter as to the "Fourth Claim for Relief [FMLA (29 U.S.C. §§ 2601 et seq] ) - Interference With Right To Leave)" asserted in the Complaint [#1], filed December 22, 2014.

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