Granite Southlands Town Center, LLC v. Alberta Town Center, LLC et al

Filing 31

ORDER 29 Plaintiff's First Amended Complaint is stricken, by Judge Zita L. Weinshienk on 9/8/09. (gmssl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Zita L. Weinshienk Civil Action No. 09-cv-00799-ZLW-KLM GRANITE SOUTHLANDS TOWN CENTER LLC, Plaintiff, v. ALBERTA TOWN CENTER, LLC and LAND TITLE GUARANTEE COMPANY, Defendants. ORDER The matter before the Court is Plaintiff's First Amended Complaint, filed September 4, 2009 (Doc. No. 29). Pursuant to Fed. R. Civ. P. 15, a party may amend a pleading without Court order either before being served with a responsive pleading or with the opposing party's written consent.1 Defendants have filed responsive pleadings in this case,2 and have not consented in writing to the proposed amended pleading. Plaintiff did not, however, file a motion for leave to amend the Complaint. Magistrate Judge Mix's August 21, 2009, Minute Order extending the deadline for amending pleadings did not dispose of the requirements of Fed. R. Civ. P. 15. Accordingly, it is

1 2

See Fed. R. Civ. P. 15(a)(1)(A), (a)(2). See Doc. Nos. 6, 7,

ORDERED that Plaintiff's First Amended Complaint (Doc. No. 29) is stricken. DATED at Denver, Colorado this 8th day of September, 2009. BY THE COURT: ______________________________ ZITA L. WEINSHIENK, Senior Judge United States District Court

2