Shell v. Henderson et al

Filing 760

MINUTE ORDER denying as moot 758 Plaintiff's Motion to Strike. Defendant Henderson's 748 Answer Shell Complaint is STRICKEN, by Magistrate Judge Kathleen M. Tafoya on 08/02/2012.(wjcsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 09–cv–00309-MSK-KMT
SUZANNE SHELL,
Plaintiff,
v.
AMERICAN FAMILY RIGHTS ASSOCIATION,
LEONARD HENDERSON,
FAMILIES AT RISK DEFENSE ALLIANCE,
FRANCINE RENEE CYGAN,
MARK CYGAN,
ILLINOIS FAMILY ADVOCACY COALITION,
GEORGIA FAMILY RIGHTS, INC.,
NATIONAL ASSOCIATION OF FAMILY ADVOCATES,
CONNECTICUT DCF WATCH,
BRENDA SWALLOW,
RANDALL BLAIR, and
UNKNOWN DEFENDANTS DOE 1-15,
Defendants.

MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE KATHLEEN M. TAFOYA
This matter is before the court on review of Defendant Henderson’s “Answer Shell Complaint”
(Doc. No. 748, filed July 31, 2012). The court has not ruled on Defendant Henderson’s
previously-filed “Motion to File an Amended Answer” (Doc. No. 727). Moreover, pursuant to
Fed. R. Civ. P. 15(a)(2), Defendant Henderson must obtain Plaintiff’s written consent or the
court’s leave to file an amended answer at this stage of the case. Therefore, Defendant
Henderson’s “Answer Shell Complaint” (Doc. No. 748) is STRICKEN. Defendant must await
ruling on his motion before he may file an amended answer. Plaintiff’s Motion to Strike (Doc.
No. 758) is DENIED as moot.
Dated: August 2, 2012