Chavez v. Charlton

Filing 47

ORDER denying as moot Plaintiffs' 39 Motion to Amend Complaint. Amended complaint filed concurrently with Plaintiffs' Motion is not accepted for filing. Signed by Magistrate Judge Gudrun J Rice on 2/5/08.(sss, )

Chavez v. Charlton

Doc. 47

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO MAGISTRATE JUDGE GUDRUN RICE Civil Action No. 07-cv-00509-EWN-GJR CHER CHAVEZ, Individually and as Mother and Next Friend of Laura Chavez, A Minor Child, and Bradley Chavez, A Minor Child, Plai nti ff(s), v. JAMES CHARLTON, Defendant.

ORDER DENYING MOTION TO AMEND COMPLAINT

This matter comes before the court on the Plaintiffs' Motion to Amend Complaint to add involuntary plaintiff Safeco Insurance Company of America. For the reasons set forth below, the motion is DENIED and the amended complai nt filed with the court on December 18, 2007 is NOT accepted for filing. On December 18, 2007 the Plaintiff moved to amend the complaint in this action to add involuntary plaintiff Safeco Insurance Company of America. (Doc. 39) The Plaintiff filed a proposed amended complaint with the court concurrent with the filing of the Motion to amend complaint. (Doc. 39-3) By notice of objection filed with the court on January 7, 2008, (Doc. 43) Safeco Insurance Company of America advised the court of its objection to the Plaintiffs'

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Motion to amend the complaint to add Safeco Insurance Company of America as an involuntary plaintiff. Plaintiffs, in their reply to the objection filed with the court on January 22, 2008 (Doc. 45) withdrew their motion to amend the complaint. Accordingly, the Plaintiffs' Motion to amend complaint to add involuntary Plaintiff Safeco Insurance Company of America is denied as moot. The amended complaint fil ed with the court concurrently with the Plaintiffs' Motion to amend is not accepted for fil ing. DATED this 5th day of February, 2008 at Grand Junction, Colorado. BY THE COURT: s/Gudrun J. Rice Gudrun J. Rice United States Magistrate Judge

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