Smith v. Pizza Hut, Inc.

Filing 143

ORDER granting 131 Motion to Amend. The Clerk of the Court shall accept for filing the Second Amended Complaint. The Defendant shall file an answer or otherwise respond by 09/08/10. Order granting 139 Motion to Seal. Order denying as moot 106 Motion to Dismiss by Magistrate Judge Boyd N. Boland on 08/10/10.(jjh, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Boyd N. Boland Civil Action No. 09-cv-01632-CMA-BNB MARK SMITH, individually and on behalf of other similarly situated persons, Plaintiff, v. PIZZA HUT, INC., Defendant. ______________________________________________________________________________ ORDER ______________________________________________________________________________ This matter arises on the following: (1) Plaintiff's Motion for Leave to Amend Complaint [Doc. # 131, filed

7/20/2010] (the "Motion to Amend"); and (2) Pizza Hut's Unopposed Motion to Seal Exhibit B to the Declaration of

Shelley D. Cordova In Support of Pizza Hut's Opposition to Plaintiffs' Motion for Leave to Amend Complaint [Doc. # 139, filed 8/4/2010] (the "Motion to Seal"). Also pending is: (3) Dismiss"). I held a hearing on the motions yesterday and made rulings on the record, which are incorporated here. In summary and for the reasons stated on the record: IT IS ORDERED that the Motion to Amend [Doc. # 131) is GRANTED. The Clerk of the Court shall accept for filing the Second Amended Complaint [Doc. # 131-1]. The defendant Pizza Hut's Rule 12(b)(6) Motion [Doc. # 106, filed 4/23/2010] (the "Motion to

shall answer or otherwise respond to the Second Amended Complaint on or before September 8, 2010. IT IS FURTHER ORDERED that the Motion to Seal [Doc. # 139] is GRANTED. IT IS FURTHER ORDERED that the Motion to Dismiss [Doc. # 106] is DENIED AS MOOT and without prejudice in view of the filing of the Second Amended Complaint. Dated August 10, 2010. BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge

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