Pace v. Woodmen Hills Metropolitan District et al

Filing 38

ORDER Dismissing State Law Claims Without Prejudice and for Dismissal of Defendant A. Michael Pizzi and for Leave to File Second Amended Complaint. Plaintiffs motion for leave to file amended complaint, filed August 2, 2010, 27 is denied. The cla ims identified as the second through eighth causes of action in the complaint raise claims under Colorado law and this Court, pursuant to 28 U.S.C. § 1367 declines to exercise supplemental jurisdiction over those claims which are therefore dismi ssed without prejudice. A. Michael Pizzi is dismissed as a defendant in this civil action. Plaintiff shall have to and including January 28, 2011, to file an amended complaint to clarify the claims made pursuant to 42 U.S.C. § 1983 which will be designated as the plaintiffs second amended complaint. Signed by Judge Richard P. Matsch on 12/29/2010. (rpmcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 10-cv-01081-RPM RONALD R. PACE, Plaintiff, v. WOODMEN HILLS METROPOLITAN DISTRICT, LARRY R. BISHOP, JANICE L. PIZZI, and A. MICHAEL PIZZI, Defendants. _____________________________________________________________________ ORDER DISMISSING STATE LAW CLAIMS WITHOUT PREJUDICE AND FOR DISMISSAL OF DEFENDANT A. MICHAEL PIZZI AND FOR LEAVE TO FILE SECOND AMENDED COMPLAINT _____________________________________________________________________ Pursuant to the hearing held today and for the reasons stated by the Court at that hearing, it is ORDERED that the plaintiff's motion for leave to file amended complaint, filed August 2, 2010, [27] is denied and it is FURTHER ORDERED that the claims identified as the second through eighth causes of action in the complaint raise claims under Colorado law and this Court, pursuant to 28 U.S.C. § 1367 declines to exercise supplemental jurisdiction over those claims which are therefore dismissed without prejudice and it is FURTHER ORDERED that A. Michael Pizzi is dismissed as a defendant in this civil action and it is

FURTHER ORDERED that the plaintiff shall have to and including January 28, 2011, to file an amended complaint to clarify the claims made pursuant to 42 U.S.C. § 1983 which will be designated as the plaintiff's second amended complaint. DATED: December 29th, 2010 BY THE COURT: s/Richard P. Matsch __________________________ Richard P. Matsch, Senior Judge

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