Gardner v. Maimi-Yoder School District JT-60 et al

Filing 40

MINUTE ORDER. Defendants Opposed Motion to Amend Answer 34 is GRANTED. Defendants Answer 20 is deemed to be amended to include the following affirmative defense: 10. Some or all of Plaintiffs claims may be barred by the applicable statute of limitations. By Magistrate Judge Kristen L. Mix on 10/15/2010.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 10-cv-00530-ZLW-KLM JEREMY C. GARDNER, Plaintiff, v. MIAMI-YODER SCHOOL DISTRICT JT-60, RICHARD WALTER, in his individual capacity, and DEBBIE PAYNE, in her individual capacity, Defendants. _____________________________________________________________________ MINUTE ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Defendants' Opposed Motion to Amend Answer [Docket No. 34; Filed September 23, 2010] (the "Motion"). At the time of the Motion's filing, Defendants believed the Motion to be opposed. However, on October 8, 2010, Plaintiff filed a Response to the Motion [Docket No. 39]. Therein, Plaintiff noted that without waiving any objection to the newly asserted affirmative defense related to the statute of limitations, Plaintiff consents to amendment. Response [#39] at 1. As such, the Court considers the Motion to be unopposed. Accordingly, IT IS HEREBY ORDERED that the Motion is GRANTED. IT IS FURTHER ORDERED that Defendants' Answer [Docket No. 20] is deemed to be amended to include the following affirmative defense: "¶ 10. Some or all of Plaintiff's claims may be barred by the applicable statute of limitations." Dated: October 15, 2010