Dalzell et al v. Trailhead Lodge at Wildhorse Meadows, LLC et al

Filing 37

MINUTE ORDER granting 35 Plaintiffs Unopposed Motion for Leave to Serveand File Amended Complaint and Add Additional Parties. The Amended Complaint and Joinder of Additional Parties [Docket No. 35-2] is accepted for filing as of the date of this Order. By Magistrate Judge Kristen L. Mix on 1/26/2010.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-02614-REB-KLM WILLIAM I. DALZELL, DEVON C. PURDY, SAM PROPERTIES V, LLC, a Colorado limited liability company, GREGORY HALLER, and PAMELA HALLER Plaintiffs, v. TRAILHEAD LODGE AT WILDHORSE MEADOWS, LLC, a Colorado limited liability company, S & P DESTINATION PROPERTIES, INC., a Delaware corporation, and RP STEAMBOAT SPRINGS, LLC, a Delaware limited liability company, Defendants. _____________________________________________________________________ ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Plaintiffs' Unopposed Motion for Leave to Serve and File Amended Complaint and Add Additional Parties [Docket No. 35; Filed January 22, 2010] (the "Motion"). Fed. R. Civ. P. 15(a) provides for liberal amendment of pleadings. Leave to amend is discretionary with the court. Foman v. Davis, 371 U.S. 178, 182 (1962); Viernow v. Euripides Dev. Corp., 157 F.3d 785, 799 (10th Cir. 1998). Amendment under the rule has been freely granted. Castleglenn, Inc. v. Resolution Trust Company, 984 F.2d 1571 (10th Cir. 1993) (internal citations omitted). "Refusing leave to amend is generally only justified upon a showing of undue delay, undue prejudice to the opposing party, bad faith or dilatory

motive, failure to cure deficiencies by amendments previously allowed, or futility of amendment." Frank v. U.S. West, Inc., 3 F.3d 1357, 1365 (10th Cir. 1993). There is no basis for denying leave to amend. The deadline for amendment of

pleadings not passed. Defendants do not object to the Motion. Accordingly, IT IS HEREBY ORDERED that the Motion is GRANTED. IT IS FURTHER ORDERED that the Amended Complaint and Joinder of Additional Parties [Docket No. 35-2] is accepted for filing as of the date of this Order.

Dated: January 26, 2010

BY THE COURT: s/ Kristen L. Mix U.S. Magistrate Judge Kristen L. Mix