McCulley et al v. Board of County Commissioners of the County of Jefferson, Colorado, The et al

Filing 18

ORDER re: 17 Plaintiffs' Brief in support of Leave to File Amended Complaint. Cause being shown, leave is granted to plaintiffs. Accepting 14 Amended Complaint and Jury Demand, by Judge Philip A. Brimmer on 4/20/09. (ebs, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Case No. 09-cv-00563-PAB-BNB JOHN MCCULLEY and CARMEN MCCULLEY, Plaintiffs, v. KAYCEE STARKEY, Defendant.

ORDER

On April 17, 2009, in response to this Court's order to show cause [Docket No. 16], plaintiffs filed a brief [Docket No. 17] in support of leave to file their amended complaint [Docket No. 14]. Federal Rule of Civil Procedure 15(a) instructs that "[t]he court should freely give leave when justice so requires." "Refusing leave to amend is generally only justified upon a showing of undue delay, undue prejudice to the opposing party, bad faith or dilatory motive, failure to cure deficiencies by amendments previously allowed, or futility of amendment." Frank v. U.S. West, Inc., 3 F.3d 1357, 1365 (10th Cir. 1993). I find that none of the grounds listed above pertain to the instant amendment. Therefore, it is

ORDERED that, cause being shown, leave is GRANTED to plaintiffs. Their amended complaint and jury demand [Docket No. 14] is ACCEPTED.

DATED April 20, 2009. BY THE COURT:

s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge

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