American Family Mutual Insurance Company, Inc. v. Denver Haslam et al

Filing 14

Minute ORDER denying as moot 12 Motion to Amend Complaint and Substitute Correct Defendants. The Clerk of the Court is directed to file the First Amended Complaint. Defendants shall respond to the First Amended Complaint within 10 days after service of the pleading by Magistrate Judge Michael E. Hegarty on 05/07/09.(jjh, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-00724-WDM-MEH AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Plaintiff, v. DENVER HASLAM, COMMERCIAL CAPITAL, INC., MIKEL MEWBOURN, M&B DEVELOPMENT GROUP, INC., FALL RIVER VILLAGE COMMUNITIES, LLC, ONEWEST BANK, FSB, and DEUTSCHE BANK NATIONAL TRUST COMPANY, Defendants. MINUTE ORDER Entered by Michael E. Hegarty, United States Magistrate Judge, on May 7, 2009. Plaintiff's Motion to Amend Complaint to Substitute Correct Defendants [filed May 7, 2009; docket #12] is denied as moot. Pursuant to Fed. R. Civ. P. 15(a)(1)(A), "[a] party may amend its pleading once as a matter of course . . . before being served with a responsive pleading." Thus, Plaintiff need not seek permission from the Court to file its First Amended Complaint. The Clerk of the Court is directed to file the First Amended Complaint for Declaratory Judgment found at docket #12-3. Pursuant to Fed. R. Civ. P. 15(a)(3), Defendants shall respond to the First Amended Complaint within 10 days after service of the pleading.