McDonald v. Colorado Springs, City of et al

Filing 44

MINUTE ORDER denying as moot 32 Motion for Leave to Correct Clerical Mistake in Defendants' Answer and Affirmative Defenses; and denying without prejudice 41 Defendants' Amended Motion for Leave to Amend Answer and Affirmative Defenses to Correct Clerical Mistakes. By Magistrate Judge Michael E. Hegarty on 9/30/2009. (mehcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 08-cv-01683-WYD-MEH PHILIP J. MCDONALD, Plaintiff, v. CITY OF COLORADO SPRINGS, GORDON GOLDSTON, in his individual and official capacities, and RICHARD W. MYERS, in his individual and official capacities, Defendants. MINUTE ORDER Entered by Michael E. Hegarty, United States Magistrate Judge, on September 30, 2009. Defendants' Amended Motion for Leave to Amend Answer and Affirmative Defenses to Correct Clerical Mistakes [filed September 28, 2009; docket #41] is denied without prejudice with leave to re-file. In order to determine whether the interests of justice require granting leave to amend, the Court instructs Defendants to include the proposed Amended Answer and Affirmative Defenses as an exhibit to their motion. The Motion for Leave to Correct Clerical Mistake in Defendants' Answer and Affirmative Defenses [filed September 15, 2009; docket #32] is denied as moot, pursuant to Defendants' representations in their reply. (See docket #40.)