Adams v. FedEx Ground/Home Delivery

Filing 45

MINUTE ENTRY for proceedings held before Magistrate Judge Craig B. Shaffer: Motion Hearing held on 7/31/2012. The court DENIES 29 Motion to Strike. The court DENIES 30 Motion for Default Judgment. The court DENIES 33 Motion for Extension of Time to Answer or Otherwise Respond. The plaintiff shall file her response to the defendant's 26 MOTION to Dismiss Plaintiff's Second Amended Complaint no later than August 21, 2012. FTR: Robin Mason. (cbscd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Craig B. Shaffer
Civil Action: 11-cv-02333-LTB-CBS
Date: July 31, 2012

FTR - Reporter Deck-Courtroom A402
Courtroom Deputy: Robin Mason

Parties:

Counsel:

LaFaye Adams

Pro Se

Plaintiff,

v.
FEDEX GROUND PACKAGE SYSTEM,
INC., et al.,

Mark Thomas Clouatre
Thomas Eilif Miller Werge

Defendants.

COURTROOM MINUTES/MINUTE ORDER
HEARING: MOTION HEARING
Court in Session:
10:47 a.m.
Court calls case. Appearances of counsel. Ms. LaFaye Adams appears as pro se.
The court addresses the parties regarding the Plaintiff's MOTION to Strike Defendant's Untimely
Response to Plaintiff's Amended Complaint (re: #26 MOTION to Dismiss Plaintiff's Second
Amended Complaint) (Docket NO. 29, filed on 6/22/2012), the plaintiff’s MOTION for Default
Judgment Against Separate Defendant FedEx Ground Package System, Inc. (Docket No. 30, filed
on 6/22/2012), and the defendant’s MOTION for Extension of Time to File Answer or Otherwise
Respond re #23 Amended Complaint (Docket No. 33, filed on 6/29/2012).
Ms. Adams presents oral argument. Ms. Adams cites case law. Discussion between the court and
Ms. Adams regarding Rule 12 (a defendant must either file an answer or file a motion to dismiss),
Rule 12(a)(1), Rule 12(b), Rule 15(a) pertaining to responding to the complaint, and Rule 15(a)(3).

For reasons as stated on the record,
ORDERED: The court DENIES the Plaintiff's MOTION to Strike Defendant's Untimely
Response to Plaintiff's Amended Complaint (re: #26 MOTION to Dismiss Plaintiff's
Second Amended Complaint) (Docket NO. 29, filed on 6/22/2012).
Discussion between the court and Ms. Adams regarding Rule 55 pertaining to entering a default
judgment.
For reasons as stated on the record,
ORDERED: The court DENIES the plaintiff's MOTION for Default Judgment Against Separate
Defendant FedEx Ground Package System, Inc. (Docket No. 30, filed on 6/22/2012).
The court DENIES the defendant's MOTION for Extension of Time to File Answer
or Otherwise Respond re #23 Amended Complaint (Docket No. 33, filed on
6/29/2012).
The court addresses the parties regarding the defendant’s MOTION to Dismiss Plaintiff's Second
Amended Complaint (Docket No. 26, filed on 6/21/2012) and the deadline for the plaintiff to file
her response to this motion (August 7, 2012).
Discussion between the court and Ms. Adams regarding why this hearing today was set and the
defendant’s MOTION to Dismiss Plaintiff's Second Amended Complaint (Docket No. 26, filed on
6/21/2012) . Ms. Adams makes an oral motion to extend the deadline to file her response to the
motion. No objection from defense counsel. The court grants the plaintiff’s oral motion.
ORDERED: The plaintiff shall file her response to the defendant’s MOTION to Dismiss
Plaintiff's Second Amended Complaint (Docket No. 26, filed on 6/21/2012) no later
than August 21, 2012.
11:40 a.m.

Off record discussion with parties.

HEARING CONCLUDED.
Court in recess:
Total time in court:

11:44 a.m.
00:57

To order transcripts of hearings with Magistrate Judge Shaffer, please contact Avery Woods Reporting at (303)
825-6119 or toll free at 1-800-962-3345.