Quezada v. Mink

Filing 47

MINUTE ORDER. Plaintiffs Unopposed Motion to Amend Complaint and Join Additional Parties 44 is GRANTED. The Court accepts the Second Amended Complaint [ 44-1 at 2-27] for filing as of the date of this Minute Order. Defendant Mink shall answer or otherwise respond to the Second Amended Complaint on or before 10/04/2010. Plaintiff shall effect service on the federal Defendants on or before 10/04/2010. On or before 09/17/2010, Defendant Minkshall file a status report indicating whether the inclusion of the federal Defendants in this lawsuit impacts his outstanding subpoenas issued to ICE employees. By Magistrate Judge Kristen L. Mix on 09/14/2010.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 10-cv-00879-REB-KLM LUIS QUEZADA, Plaintiff, v. TED MINK, in his official capacity as the Sheriff of Jefferson County, Colorado, Defendant. _____________________________________________________________________ MINUTE ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Plaintiff's Unopposed Motion to Amend Complaint and Join Additional Parties [Docket No. 44; Filed September 13, 2010] (the "Motion"). Pursuant to the Motion, Plaintiff seeks to join eight federal Defendants, assert more detailed allegations against Defendant Mink, and eliminate the Eighth Amendment claim asserted against him. Defendant Mink does not oppose the request. The Court notes that the Motion is timely as the pleading amendment deadline expires on September 16, 2010 [Docket No. 31]. Further, I note that there does not appear to be any reason to deny the Motion given the stage of the case, the fact that Plaintiff's claims against the federal Defendants arise out of the same transaction and occurrence in the pending lawsuit, and the well recognized principle that leave to amend should be freely given when justice so requires. See Fed. R. Civ. P. 15(a)(2) & 20. Accordingly, IT IS HEREBY ORDERED that the Motion is GRANTED. IT IS FURTHER ORDERED that the Court accepts the Second Amended Complaint [Docket No. 44-1 at 2-27] for filing as of the date of this Minute Order. IT IS FURTHER ORDERED that Defendant Mink shall answer or otherwise respond to the Second Amended Complaint on or before October 4, 2010. IT IS FURTHER ORDERED that Plaintiff shall effect service on the federal Defendants on or before October 4, 2010. IT IS FURTHER ORDERED that on or before September 17, 2010, Defendant Mink shall file a status report indicating whether the inclusion of the federal Defendants in this lawsuit impacts his outstanding subpoenas issued to ICE employees. Dated: September 14, 2010