Morris v. Colorado Housing and Finance Authority et al

Filing 55

ORDER. Plaintiff's 50 Motion for Leave to File Amended Complaint is granted. The 50 -1 The tendered Verified Amended Complaint is accepted for filing as of the date of this Order. Defendant CHFA's 36 Motion to Dismiss is denied as moot , without prejudice to refiling directed to the Amended Complaint. The 20 Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) by Defendants Wells Fargo Bank, N.A. and Chris Hirai is denied as moot, without prejudice to refiling directed to the Amended Complaint. Defendant Lynn M. Janeway's 9 Motion to Dismiss with Prejudice Pursuant to Fed. R. Civ. P. 12(b)(6) for Failure to State a Claim is denied as moot. By Magistrate Judge Craig B. Shaffer on 10/3/11.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-00702-PAB-CBS
LLOYD E. MORRIS,
Plaintiff,
v.
COLORADO HOUSING AND FINANCE AUTHORITY (CHFA), and
WELLS FARGO BANK, N.A.,
Defendants.

ORDER

Magistrate Judge Craig B. Shaffer
This civil action comes before the court on Plaintiff’s “Motion for Leave to File
Amended Complaint” (filed September 6, 2011) (Doc. # 50). Pursuant to the Order of
Reference dated April 4, 2011 (Doc. # 4) and the memorandum dated September 6,
2011 (Doc. # 51), this matter was referred to the Magistrate Judge. The court has
reviewed the Motion, the tendered “Verified Amended Complaint” (Doc. # 50-1), the
entire case file, and the applicable law and is sufficiently advised in the premises.
Defendant CHFA does not oppose the Motion. No other response or objection
has been filed with the court. Accordingly, IT IS ORDERED that:
1.

Plaintiff’s “Motion for Leave to File Amended Complaint” (filed September

6, 2011) (Doc. # 50) is GRANTED. The tendered “Verified Amended Complaint” (Doc.
# 50-1) is accepted for filing as of the date of this Order.
2.

In light of the filing of the Amended Complaint, Defendant CHFA’s Motion

to Dismiss (filed June 14, 2011) (Doc. # 36) is DENIED as moot, without prejudice to

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refiling directed to the Amended Complaint.
3.

In light of the filing of the Amended Complaint, the Motion to Dismiss

Pursuant to Fed. R. Civ. P. 12(b)(6) by Defendants Wells Fargo Bank, N.A. and Chris
Hirai (filed May 12, 2011) (Doc. # 20) is DENIED as moot, without prejudice to refiling
directed to the Amended Complaint.
4.

In light of the filing of the Amended Complaint, Defendant Lynn M.

Janeway’s Motion to Dismiss with Prejudice Pursuant to Fed. R. Civ. P. 12(b)(6) for
Failure to State a Claim (filed April 14, 201) (Doc. # 9) is DENIED as moot.

DATED at Denver, Colorado this 3rd day of October, 2011.

BY THE COURT:

s/ Craig B. Shaffer
United States Magistrate Judge

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