Gomez v. Sam's Club, Inc. et al, No. 1:2016cv02240 - Document 58 (D. Colo. 2017)

Court Description: ORDER Granting in Part and Denying in Part 23 Defendant's Partial Motion to Dismiss. The Court ORDERS: Defendant's request that this Court dismiss Counts I - IV is DENIED. Defendant's request that this Court dismiss Count V - Spoliation is GRANTED and Count V is DISMISSED with prejudice. Defendant's request that this Court dismiss Count VI Bad Faith is GRANTED IN PART AND DENIED IN PART. Count VI is DENIED IN PART in that it is not dismissed. However, it is GRANTED IN PART in that the Court strikes those allegations of Count VI relating to Defendant's alleged breached the covenant of good faith and fair dealing and its "core values and commitments." As such, Claim VI is limited to alleged bad faith with regard to the handling of Plaintiff's workers' compensation claim, by Judge Christine M. Arguello on 8/14/2017. (evana, )