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COURT OF APPEALS, COLORADO Two East 14th Avenue Denver, CO 80203 District Court of Arapahoe County The Honorable

Elizabeth Volz Case Number 2011CV1464 BRANDON COATS Plaintiff-Appellant v. DISH NETWORK, L.L.C. Defendant-Appellee Attorneys for Plaintiff:



COURT USE ONLY Case Number: 2012CA

Michael D. Evans, Atty. Reg. #39407 The Evans Firm, LLC 4610 South Ulster St., Suite 150 P.O. Box 371896 Denver, CO 80237 (303) 221-3634 (Telephone) (303) 221-3747 (Fax) info@theevansfirm.com Thomas K. Carberry # 19707 149 West Maple Avenue Denver, Colorado 80223 (303) 722-3929 (Telephone) (303) 929-0067 (Cellular) tom@carberrylaw.com


The Plaintiff-Appellant Brandon Coats, by and through counsel THE EVANS FIRM, LLC, respectfully submits this Notice of Appeal. Description of the Case Pursuant to C.A.R. 3, Mr. Coats appeals the denial of his complaint against Dish Network, L.L.C. ("Dish") for wrongful termination under Colorado Revised Statutes 24-34-402.5. Mr. Coats suffers severe injuries he sustained in a car accident that made him into a quadriplegic. Mr. Coats worked for Dish answering telephones as a Customer Service Representative for three (3) years with little to no disciplinary history. As a quadriplegic, a Customer Service Representative is one of the only jobs he can perform due to his physical movement limitations and involuntary muscle spasms. To combat his involuntary muscle spasms, Mr. Coats's doctors recommended the use of medical marijuana, and Mr. Coats obtained a state-issued license for medical marijuana use. Mr. Coats only used the marijuana at home and after work hours. He was never under the influence of medical marijuana at work. In May 2010, Dish conducted a drug test, and Mr. Coats advised Dish that he used medical marijuana within the limits of his state-issued license. However, when Dish discovered that Mr. Coats used marijuana, it fired him. Despite good faith attempts to find another job, Mr. Coats has been unsuccessful, as his disabilities hinder his ability to find suitable employment. To date, Mr. Coats is still unemployed. Mr. Coats filed a suit against Dish for wrongful termination under section 24-34402.5, on the grounds that Dish could not lawfully fire him for legal activities outside the work place. Judge Volz in Arapahoe County District Court denied the complaint in an Order granting Dish's Motion to Dismiss pursuant to C.R.C.P. 12(b)(5), dated February 29, 2012, case number 11-CV-1464. Jurisdiction The Colorado Court of Appeals has jurisdiction because this notice of appeal comes within 45 days of the February 29, 2012 Order denying the complaint. C.A.R. 4. This Order adjudicated Mr. Coats's one and only claim for relief under section 2434-402.5.

Necessary Transcripts Mr. Coats, through counsel, will file a separate designation of record pursuant to C.A.R. 10. Copy of District Court File There are no transcripts in this case of any court appearances, but the appeal will require a copy of the District Court file, including copies of motions filed by the Plaintiff and the Respondent and copies of all exhibits in the District Court file to create the record from which the plaintiff may file an appeal. Attachments Copy of District Court Order dismissing the complaint. Dated: March 23, 2012 Respectfully submitted, /s/ Michael D. Evans Michael Evans, # 39407 Attorney for Plaintiff-Appellant

CERTIFICATE OF SERVICE I certify that on March 23, 2012, I filed a copy of this Notice of Appeal by: XX LEXIS NEXIS FILE & SERVE Clerk of the Arapahoe County District Court 1100 Judicial Center Dr., Brighton CO 80601 Attorney Richard Barkley Barkley Martinez, PC 14426 E. Evans Ave. Aurora, CO 80014 303-597-4000barkley@barmarlaw.com /s/Michael Evans Michael Evans, # 39407 Attorney for Plaintiff-Appellant