Lutalo v. National Railroad Passenger Corporation et al

Filing 62

MINUTE ORDER granting 60 Plaintiff's Unopposed Motion for Leave to File Third Amended Complaint. The Court accepts Plaintiff's Third Amended Complaint [# 60 -1] for filing as of the date of this Minute Order. Defendants shall answer or otherwise respond on or before 04/13/2012, by Magistrate Judge Kristen L. Mix on 04/04/2012.(wjcsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-00974-REB-KLM
OJORE N. LUTALO,
Plaintiff,
v.
NATIONAL RAILROAD PASSENGER CORPORATION (“AMTRAK”),
LENINOVA FAYDO, in her official and individual capacities, and
JAMES BULLERWELL, II, in his official and individual capacities,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Unopposed Motion for Leave to File
Third Amended Complaint [Docket No. 60; Filed April 3, 2012] (the “Motion”). Plaintiff
seeks leave to amend the Second Amended Complaint to “properly word the assertion of
jurisdiction under 28 U.S.C. § 1332 so as to specifically state that the court has jurisdiction
over the state claims under that statute.” Motion [#60] at 1-2. Plaintiff also seeks to
withdraw his Bivens claim against Defendant Amtrak. See id. at 2. Plaintiff asserts that
Defendants do not oppose these modifications. See id.
IT IS HEREBY ORDERED that the Motion [#60] is GRANTED.
IT IS FURTHER ORDERED that the Court accepts Plaintiff’s Third Amended
Complaint [#60-1] for filing as of the date of this Minute Order. Defendants shall answer
or otherwise respond on or before April 13, 2012.
Dated: April 4, 2012

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