Giuffre v. Marys Lake Lodge, LLC

Filing 47

MINUTE ORDER denying 45 Plaintiff's Motion for Leave to Join Additional Defendants. By Magistrate Judge Kristen L. Mix on 12/30/11.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-00028-PAB-KLM
DARREN GIUFFRE, on behalf of himself and all similarly situated persons,
Plaintiff,
v.
MARYS LAKE LODGE, LLC, a Colorado Limited Liability Company,
Defendant.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Motion for Leave to Join Additional
Defendants [Docket No. 45; Filed December 9, 2011] (the “Motion”). Plaintiff cites to Fed.
R. Civ. P. 20 in support of his request, but does not provide factual allegations in support
of his argument to join additional defendants, nor does he provide an Amended Complaint
for the Court’s review. See Hinson v. Norwest Fin. South Carolina, Inc., 239 F.3d 611, 618
(4th Cir. 2001) (“[A] court determining whether to grant a motion to amend to join additional
[parties] must consider both the general principles of amendment provided by Rule 15(a)
and also the more specific joinder provisions of Rule 20(a).”); MDM Group Assoc., Inc. v.
Midgett Realty, Inc., No. 07-cv-02543-WDM-CBS, 2008 WL 2756926, at *2-3 (D. Colo. July
14, 2008) (discussing Rules 15(a) and 20(a)); see also 6 Fed. Prac. & Proc. Civ. § 1479
(3d ed.) (relationship between Rule 15(a) and other federal rules).
Furthermore, the deadline for the joinder of parties and amendment of pleadings
expired on June 27, 2011. Sched. Ord., [#24] at 7. Plaintiff makes no mention of Rule
16(b)(4) in his Motion. Accordingly,
IT IS HEREBY ORDERED that the Motion is DENIED.
Dated: December 30, 2011