Bass v. PJCOMN Acquisition Corp. et al

Filing 207

ORDER. The Recommendation on Motion To Amend 163 filed 4/5/2011 is APPROVED AND ADOPTED. The Plaintiffs Combined Motion for Leave To File First Amended Complaint and Add Party Defendants and Memorandum in Support 121 filed2/15/2011, is DENIED. By Judge Robert E. Blackburn on 6/1/2011.(sah, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 09-cv-01614-REB-MEH
SHANE BASS, individually and on behalf of other similarly situated persons,
Plaintiff,
v.
PJCOMN ACQUISITION CORP.,
PJCOMN LLC, and
ESSENTIAL PIZZA, INC., d/b/a “PJCOMN,”
Defendants.

ORDER ADOPTING RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
This matter is before me on the following: (1) the Plaintiffs’ Combined Motion
for Leave To File First Amended Complaint and Add Party Defendants and
Memorandum in Support [#121]1 filed February 15, 2011; and (2) the
Recommendation on Motion To Amend [#163] filed by the magistrate judge on April
5, 2011. No objections to the recommendation have been filed. Therefore, I review the
recommendation only for plain error. See Morales-Fernandez v. Immigration &
Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005).2 Finding no error, much
less plain error, in the magistrate judge’s recommended disposition of the motion, I find

1

“[#121]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.
2

This standard pertains even though plaintiff is proceeding pro se in this matter. MoralesFernandez, 418 F.3d at 1122.

and conclude that the recommendation should be approved and adopted.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation on Motion To Amend [#163] filed April 5, 2011,
is APPROVED AND ADOPTED as an order of this court; and
2. That the Plaintiffs’ Combined Motion for Leave To File First Amended
Complaint and Add Party Defendants and Memorandum in Support [#121] filed
February 15, 2011, is DENIED.
Dated June 1, 2011, at Denver, Colorado.
BY THE COURT:

2