Bell Colorado, Limited v. Related WestPac, LLC et al

Filing 58

MINUTE ORDER granting 41 Motion of Brush Creek Defendants to Add Third Party/Additional Claims, by Magistrate Judge Michael E. Hegarty on 8/19/2009. Clerk of the Court is directed to enter the Answer, Affirmative Defenses, and Third Party Complaint. (mehcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-00301-MSK-MEH BELL COLORADO, LIMITED, a corporation organized under the laws of the Isle of Man, Plaintiff, v. RELATED WESTPAC, LLC, a Delaware limited liability company, BRUSH CREEK ESTATES, LLC, a Colorado limited liability company, BRUSH CREEK CAPITAL HOLDINGS, a Colorado limited liability company, BRUSH CREEK MEZZANINE, LLC, a Delaware limited liability company, YORKSHIRE 216 HOLDINGS, L.P., an Arizona limited partnership, BASE VILLAGE SNOWMASS CENTER ASSOCIATES, LLC, a Colorado limited liability company, PATRICK N. SMITH, a resident of the State of Colorado in his individual and representative capacities, and TOWN OF SNOWMASS VILLAGE, a Colorado municipality, Defendants. MINUTE ORDER Entered by Michael E. Hegarty, United States Magistrate Judge, on August 19, 2009. Pending before the Court is the Motion of Brush Creek Defendants to Add Third Party/Additional Claims [filed July 17, 2009; docket #41]. This Motion is timely filed. (See docket #36 at 11 (setting the deadline for joinder of parties and amendment of pleadings at September 18, 2009).) As ordered by the Court, the Brush Creek Defendants filed a 7.1A Supplement to the Motion on July 23, 2009, indicating the remaining Defendants do not oppose the Motion but Plaintiff does oppose the Motion. (Docket #44.) The Court subsequently permitted Plaintiff extra time to respond, setting the response date at August 17, 2009. (Docket #51.) To date, Plaintiff has not responded, other than filing a separate Motion to Strike directed at the proposed third-party claim against Alex Pananides. (Docket #55.) Thus, the Court evaluates the Motion as unopposed. In the interests of justice and in light of the early stage of this litigation, the Court GRANTS the Motion and directs the Clerk of Court to enter the Answer, Affirmative Defenses and Third Party Complaint located at Docket #41-2.