Park v. TD Ameritrade Trust Company Inc. et al

Filing 8

ORDER. This matter is dismissed. The Clerk of the Court file a copy of this Order in Civil Action No. 10-cv-02599-PAB-KMT and refund to plaintiff the filing fee she incurred in initiating this action in error. By Judge Philip A. Brimmer on 5/3/11. (mnf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 11-cv-00875-PAB-KLM
LORI L. PARK,
Plaintiff,
v.
TD AMERITRADE TRUST COMPANY, INC.,
TD AMERITRADE ONLINE HOLDING CORP.,
TD AMERITRADE HOLDING CORPORATION,
THE TORONTO-DOMINION BANK,
JOSEPH H. MOGLIA, and
J. THOMAS BRADLEY, JR.,
Defendants.

ORDER

This matter is before the Court sua sponte on plaintiff’s “Title VII Complaint”
[Docket No. 1]. Plaintiff has a pending action in this Court against the same defendants
arising out of the same set of facts. See Civil Action No. 10-cv-02599-PAB-KMT,
Docket No. 5 (First Amended Complaint). The present “Title VII Complaint” appears to
be an attempt to amend her complaint in Civil Action No. 10-cv-02599-PAB-KMT for a
second time. Cf. Civil Action No. 10-cv-03136-ZLW, Docket No. 15 at 2-3. The proper
mechanism for doing so is to file a motion to amend the complaint in Civil Action No.
10-cv-02599-PAB-KMT, not to initiate a new action. Since the filing of the present
action, plaintiff has filed a motion to amend her complaint in Civil Action No. 10-cv02599-PAB-KMT. See Civil Action No. 10-cv-02599-PAB-KMT, Docket No. 43.
Therefore, it is

ORDERED that this matter is DISMISSED. It is further
ORDERED that the Clerk of the Court file a copy of this Order in Civil Action No.
10-cv-02599-PAB-KMT and refund to plaintiff the filing fee she incurred in initiating this
action in error.

DATED May 3, 2011.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

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