Camayo et al v. John Peroulis & Sons Sheep, Inc. et al

Filing 125

ORDER granting 109 Plaintiffs' Motion for Leave to Amend Complaint(s) to Include Claims for Exemplary Damages. Plaintiff shall file with this court on or before July 20, 2012, an Amended Third Complaint which includes all claims from all P laintiffs consistent with this minute order. Case No. 11-CV-01132-MSK-MJW has been consolidated into Case No. 10- CV-00772-MSK-MJW for all purposes. There will be only one operative pleading which will be the Amended Third Complaint and not two complaints as tendered by Plaintiff in docket nos. 109-1 and 109- 2. by Magistrate Judge Michael J. Watanabe on 7/10/12.(mjgsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 10-cv-00772-MSK-MJW
(As consolidated with 11-cv-01132-REB-MJW)
ROEL ESPEJO CAMAYO; and,
JUVENCIO SAMANIEGO DAMIAN,
JHOSEMAR SAMANIEGO FERNANDEZ, and
SILVIO INGA BRUNO,
Plaintiffs,
v.
JOHN PEROULIS & SONS SHEEP, INC.;
LOUIS PEROULIS;
STANLEY PEROULIS; and
CRISOLOGO DAMIAN,
Defendants.

MINUTE ORDER

Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that Plaintiffs’ Motion for Leave to Amended Complaint(s)
to Include Claims for Exemplary Damages (docket no. 109) is GRANTED for the
reasons stated in the subject motion (docket no. 109) and I find further that Plaintiffs’
have demonstrated enough evidence where a jury could find that Defendants’ conduct
was attended by willful and wanton conduct for a triable issue of exemplary damages.
Accordingly, Plaintiffs should be permitted to Amend their Complaint. See Peiker
Acustic, Inc. v. Kennedy, 2011 WL 2550478, *1 (D. June 27, 2011) and Stamp v. Vail
Corp., 172 P.3d 437, 449 (Colo. 2007).
Plaintiff shall file with this court on or before July 20, 2012, an Amended Third
Complaint which includes all claims from all Plaintiffs consistent with this minute order
noting that Case No. 11-CV-01132-MSK-MJW has been consolidated into Case No. 10CV-00772-MSK-MJW for all purposes. See Judge Krieger’s Order Granting Motion to
Consolidate [docket no. 54] in Case No. 10-CV-00772-MSK-MJW dated February 28,
2012. There will be only one operative pleading which will be the Amended Third
Complaint and not two complaints as tendered by Plaintiff in docket nos. 109-1 and 1092.

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Date: July 10, 2012