Summary
This omnibus order of the United States District Court for the District of Colorado resolves objections to a magistrate judge’s orders and recommendations in an employment-discrimination action brought by Scott Thomas Warrington against the Secretary of Homeland Security. The court overrules the objections, adopts recommendations denying the plaintiff’s motions to amend, denies reconsideration and related sanctions motions, and grants the defendant’s motion for summary judgment on the plaintiff’s Age Discrimination in Employment Act claim.
Holdings
- The objection to the denial of sanctions was overruled because the district court was not left with a definite and firm conviction that the magistrate judge had made a mistake.
- A party seeking to amend a pleading after the scheduling-order deadline must first establish good cause under Rule 16; only then does the court consider whether amendment is proper under Rule 15.
- Defendant was entitled to summary judgment because Warrington failed to present evidence from which a reasonable jury could conclude that age was the cause of his termination or that defendant's stated reason was pretextual.
- The remaining pending motions and the objection to the April 13 order were denied or overruled as moot because summary judgment left no live claim.
Questions Presented
- Whether the magistrate judge clearly erred in denying Warrington's motion for sanctions against defense counsel.
- Whether Warrington established good cause under Federal Rule of Civil Procedure 16 to amend the scheduling order after the deadline for amendment and joinder had expired.
- Whether defendant was entitled to summary judgment on Warrington's ADEA age-discrimination claim.
- Whether Warrington's objections to the magistrate judge's order and recommendation concerning his second motion to amend should be sustained.
- Whether the remaining pending motions should be denied as moot after summary judgment eliminated the remaining live claim.
Disposition
other
Cases Cited (20)
- Haines v. Kerner, 404 U.S. 519, 520-21 (1972)(followed)
- Anderson v. City of Bessemer City, 470 U.S. 564, 573 (1985)(followed)
- Ocelot Oil Corp. v. Sparrow Indus., 847 F.2d 1458, 1464 (10th Cir. 1988)(followed)
- Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991)(followed)
- Thomas v. Arn, 474 U.S. 140, 150 (1985)(followed)
- Crowe v. ADT Sec. Servs., Inc., 649 F.3d 1189, 1194 (10th Cir. 2011)(followed)
- Bones v. Honeywell Int'l, Inc., 366 F.3d 869, 875 (10th Cir. 2004)(followed)
- Adler v. Wal-Mart Stores, Inc., 144 F.3d 664, 671 (10th Cir. 1998)(followed)
- Fogarty v. Gallegos, 523 F.3d 1147, 1165 (10th Cir. 2008)(followed)
- Banner Bank v. First Am. Title Ins. Co., 916 F.3d 1323, 1326 (10th Cir. 2019)(followed)
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Cited In (0)
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