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Apodaca v. Colorado Nonprofit Development Center

BRIEF in Opposition to 67 Partial MOTION to Dismiss Plaintiff's Amended Verified Complaint

28 Cited authorities

  1. Foman v. Davis

    371 U.S. 178 (1962)   Cited 29,759 times   4 Legal Analyses
    Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal

  2. Minter v. Prime Equipment Co.

    451 F.3d 1196 (10th Cir. 2006)   Cited 1,640 times
    Holding that "denial of leave to amend is appropriate when the party filing the motion has no adequate explanation for the delay"

  3. Frank v. U.S. West, Inc.

    3 F.3d 1357 (10th Cir. 1993)   Cited 1,721 times
    Holding that parent liable for subsidiary's discrimination only when the two are integrated enterprises

  4. Anderson v. Coors Brewing Company

    181 F.3d 1171 (10th Cir. 1999)   Cited 946 times
    Holding that the district court properly considered the essential functions of the position for which the plaintiff was hired, as opposed to those of the narrower position to which she was assigned

  5. Bylin v. Billings

    568 F.3d 1224 (10th Cir. 2009)   Cited 477 times
    Holding that "expenditure of time, money, and effort alone is not grounds for a finding of prejudice" when considering leave to amend

  6. Calderon v. Kansas Dept., Soc. Rehab. Ser

    181 F.3d 1180 (10th Cir. 1999)   Cited 447 times
    Holding that a "single sentence, lacking a statement for the grounds for amendment and dangling at the end of [appellant's] memorandum, did not rise to the level of a motion for leave to amend" and that motion for leave to amend was therefore "never properly before" district court

  7. United States v. Hougham

    364 U.S. 310 (1960)   Cited 291 times
    Holding that "where a judgment is appealed on the ground that the damages are inadequate, acceptance of payment of the amount of the unsatisfactory judgment does not, standing alone, amount to an accord and satisfaction of the entire claim"

  8. Ritchie v. Lockheed Martin Corp.

    558 F.3d 1161 (10th Cir. 2009)   Cited 183 times   3 Legal Analyses
    Finding that motion to amend was untimely and unduly prejudicial where it was made after close of a long discovery period and after defendant had filed a motion for summary judgment premised on the releases signed by plaintiff

  9. Rugg v. McCarty

    173 Colo. 170 (Colo. 1970)   Cited 210 times
    Finding outrageous conduct where a creditor engaged in a continuous campaign of harassment via telephone, mail, and threats to garnish wages

  10. Archer v. Farmer Bros. Co.

    90 P.3d 228 (Colo. 2004)   Cited 76 times
    Affirming award of costs under C.R.C.P. 54(d) and § 13-16-105 to defendants who prevailed on claims under federal Age Discrimination in Employment Act and Americans with Disabilities Act as well as state-law claims

  11. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 64,944 times   81 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

  12. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 29,194 times   200 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  13. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 23,408 times   16 Legal Analyses
    Providing for service via CM/ECF Systems

  14. Rule 1 - Scope and Purpose

    Fed. R. Civ. P. 1   Cited 15,870 times   52 Legal Analyses
    Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

  15. Section 206 - Minimum wage

    29 U.S.C. § 206   Cited 9,087 times   101 Legal Analyses
    Asking only whether the alleged inequality resulted from “any other factor other than sex”

  16. Section 1337 - Commerce and antitrust regulations; amount in controversy, costs

    28 U.S.C. § 1337   Cited 3,098 times   1 Legal Analyses
    Granting jurisdiction for claims arising under statutes regulating interstate commerce

  17. Section 13-21-102 - Exemplary damages

    Colo. Rev. Stat. § 13-21-102   Cited 354 times   2 Legal Analyses
    Providing that "the court may increase any award of exemplary damages, to a sum not to exceed three times the amount of actual damages, if it is shown that ... [t]he defendant has continued the behavior or repeated the action which is the subject of the claim against the defendant in a willful and wanton manner, either against the plaintiff or another person or persons, during the pendency of the case."

  18. Section 24-34-402.5 - Unlawful prohibition of legal activities as a condition of employment

    Colo. Rev. Stat. § 24-34-402.5   Cited 56 times   25 Legal Analyses

    (1) It shall be a discriminatory or unfair employment practice for an employer to terminate the employment of any employee due to that employee's engaging in any lawful activity off the premises of the employer during nonworking hours unless such a restriction: (a) Relates to a bona fide occupational requirement or is reasonably and rationally related to the employment activities and responsibilities of a particular employee or a particular group of employees, rather than to all employees of the

  19. Section 19-3-302 - Legislative declaration

    Colo. Rev. Stat. § 19-3-302   Cited 4 times

    (1) The general assembly declares that the complete reporting of child abuse is a matter of public concern and that, in enacting this part 3, it is the intent of the general assembly to protect the best interests of children of this state and to offer protective services in order to prevent any further harm to a child suffering from abuse. It is also the intent of the general assembly that if a county or group of counties decides to establish a child protection team, that the child protection teams

  20. Section 8-2-123 - Health-care workers - retaliation prohibited - definitions

    Colo. Rev. Stat. § 8-2-123   Cited 2 times

    (1) As used in this section: (a) "Disciplinary action" means any direct or indirect form of discipline or penalty, including, but not limited to, dismissal, demotion, transfer, reassignment, suspension, corrective action, reprimand, admonishment, unsatisfactory or below-standard performance evaluation, reduction in force, withholding of work, changes in work hours, negative reference, creating or tolerating a hostile work environment, or the threat of any such discipline or penalty. "Disciplinary