Agile Sky Alliance Fund LP et al v. Citizens Financial Group et al

Filing 91

ORDER granting 89 Agreed Motion With Defendants Written Consent Pursuant to Federal Rule of Civil Procedure 15(a) to Reflect the Correct Corporate Entity for Defendant d/b/a Charter One Bank. Clerk to accept for filing the Second Amended Compalint. The Second Amended Complaint relates back to November 30, 2009, the date of the original complaint, by Magistrate Judge Boyd N. Boland on 8/9/10.(gmssl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Boyd N. Boland Civil Action No. 09-cv-02786-MSK-BNB AGILE SKY ALLIANCE FUND LP, and SKY BELL SELECT, LP, Plaintiffs, v. CITIZENS FINANCIAL GROUP d/b/a Charter One Bank, and SWISS FINANCIAL SERVICES, INC., Defendants. ______________________________________________________________________________ ORDER ______________________________________________________________________________ This matter arises on the Agreed Motion With Defendant's Written Consent Pursuant to Federal Rule of Civil Procedure 15(a) to Reflect the Correct Corporate Entity for Defendant d/b/a Charter One Bank [Doc. # 89, filed 8/5/2010] (the "Motion to Amend"). IT IS ORDERED that the Motion to Amend [Doc. # 89] is GRANTED. The Clerk of the Court is directed to accept for filing the Second Amended Complaint and Jury Demand [Doc. # 89-1]. IT IS FURTHER ORDERED, on the stipulation of the parties, that the Second Amended Complaint relates back to November 30, 2009, the date of the original complaint. IT IS FURTHER ORDERED that the defendants' motions to dismiss [Docs. # 44 and 51] are deemed to have been filed in response to the Second Amended Complaint. No further response by the defendants is required at this time.

Dated August 9, 2010. BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge

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