Gorsuch, Ltd. v. Wells Fargo National Bank Association

Filing 82

MINUTE ORDER granting 72 Motion for Leave to File Motion to Amend in Excess of the Page Limitation Set Forth in PAB Civ. Practice Standard III.A. granting and 77 Defendant's Unopposed Motion for Leave to File Response to Plaintiffs Motion for Leave to File Third Amended Complaint in Excess of the Page Limitation Set Forth in PAB Civ. Practice Standard III.A. By Magistrate Judge Michael E. Hegarty on 8/1/2013.(klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-00970-PAB-MEH
GORSUCH, LTD., a Colorado corporation,
Plaintiff,
v.
WELLS FARGO NATIONAL BANK ASSOCIATION,
Defendant.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on August 1, 2013.
Plaintiff’s unopposed1 Motion for Leave to File Motion to Amend in Excess of the Page
Limitation Set Forth in PAB Civ. Practice Standard III.A. [filed July 10, 2013; docket #72] and
Defendant’s Unopposed Motion for Leave to File Response to Plaintiffs’ Motion for Leave to File
Third Amended Complaint in Excess of the Page Limitation Set Forth in PAB Civ. Practice Standard
III.A. [filed July 31, 2013; docket #77] are granted. The Court will accept as filed Plaintiff’s
motion (docket #71) and Defendant’s response to the motion (docket #80).
However, upon review of the docket, the Court notes that Judge Brimmer ordered the
dismissal of all Plaintiffs except Gorsuch, Ltd. on November 17, 2011 (docket #46). Plaintiff then
filed a motion for leave to file a second amended complaint, which renamed the dismissed Plaintiffs,
but that motion was held in abeyance (docket #49), then denied without prejudice to re-filing upon
the reopening of the case (docket #55). Thereafter, the case was dismissed without prejudice on
December 3, 2012 (docket #56). Thus, the proposed second amended complaint was never accepted,
and the case caption remains as it did after the November 17, 2011 dismissal order (see above).
Accordingly, the pending motion for leave to amend should actually seek leave to file a “second”
(rather than “third”) amended complaint.

1

See docket #78.