Gagliardi v. City Manager et al

Filing 50

ORDER granting 45 Plaintiff's Motion for Order to Join Defendant Brandon Barry to Plaintiffs Complaint. IT IS FURTHER ORDERED that the Clerk of the Court shall accept the proposed amended complaint for filing. by Magistrate Judge Boyd N. Boland on 9/9/09.(erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Boyd N. Boland Civil Action No. 09-cv-00426-WYD-BNB VINCENT GAGLIARDI, Plaintiff, v. CITY MANAGER, NAME UNKNOWN, CHIEF OF POLICE, CHARLES GLORIOSO, OFFICER GABE VAZQUEZ, OFFICER, ARCHIE VIGIL, OFFICER, DAN DURAN, POLICE DISPATCHER, NAME UNKNOWN, and UNKNOWN EMPLOYEE 1 AND 2, Defendants. ______________________________________________________________________________ ORDER ______________________________________________________________________________ This matter arises on the plaintiff's Motion to Join Defendant Brandon Barry to Plaintiff's Complaint [Doc. #45, filed 09/03/2009] (the "Motion"). The Motion is GRANTED. The plaintiff seeks leave to amend his Complaint to add a defendant. Although he did not submit a proposed amended complaint with the Motion, he submitted a proposed amended complaint on September 9, 2009 [Doc. #49]. The Federal Rules of Civil Procedure provide that "[a] party may amend its pleading once as a matter of course . . . before being served with a responsive pleading." Fed. R. Civ. P. 15(a)(1)(A). A responsive pleading has not been served in this case. Accordingly, IT IS ORDERED that the Motion is GRANTED.

IT IS FURTHER ORDERED that the Clerk of the Court shall accept the proposed amended complaint for filing. Dated September 9, 2009. BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge

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