Bohan v. De Lage Landen Public Finance, LLC

Filing 26

MINUTE ORDER granting 21 Defendants Motion to Amend Counterclaim. By Magistrate Judge Michael E. Hegarty on 07/15/2009.(sah, ) (Correct pdf added on 7/15/2009: # 1 Main Document) (gms, ). Modified on 7/15/2009 to add correct pdf. (gms, ).

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-00803-REB-MEH GREGORY A. BOHAN, a Colorado individual, Plaintiff, v. DE LAGE LANDEN PUBLIC FINANCE, LLC, a Delaware corporation, Defendant. MINUTE ORDER Entered by Michael E. Hegarty, United States Magistrate Judge, on July 15, 2009. Defendant's Motion to Amend Counterclaim [filed June 18, 2009; docket #21] is granted. Under Fed. R. Civ. P. 15(a)(1)(A), "[a] party may amend its pleading once as a matter of course" before a responsive pleading is served. Pursuant to Fed. R. Civ. P. 7(a), a Motion to Dismiss is not a responsive pleading. E.g., Hafen v. Carter, 248 F. App'x 43, 46 (10th Cir. 2007). Thus, as Plaintiff responded to Defendant's Counterclaim with a Motion to Dismiss (still pending before the District Court at this early stage of the litigation), Defendant retains the right pursuant to Rule 15 to amend its counterclaim as a matter of course. (See dockets #10, 11.) Accordingly, the Court directs the Clerk of Court to enter the Answer and First Amended Counterclaim located at docket #21-2.