Wright v. Twin City Fire Insurance Company, et al.

Filing 40

MINUTE ORDER granting 39 Plaintiff's Motion to Amend the Complaint. The Clerk of Court is directed to enter the Amended Complaint located at Docket No. 39-1. Defendants' 22 Amended Motion to Dismiss is denied as moot. Defendants shall respond to the Amended Complaint on or before 5/4/2012. By Magistrate Judge Kristen L. Mix on 4/19/12.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-03181-KLM
PATRICIA WRIGHT, formerly known as Patricia Critchfield,
Plaintiff,
v.
THE HARTFORD,
THE HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY,
THE HARTFORD FINANCIAL SERVICES GROUP INC.,
TWIN CITY FIRE INSURANCE COMPANY, and
THE WARRANTY GROUP, L.L.C., also known as TWG Holding, L.L.C.,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Motion to Amend the Complaint
[Docket No. 39; Filed April 19, 2012] (the “Motion”). The Motion was not timely filed;
however, in its discretion, the Court will accept the Motion for resolution. [#38] (setting
deadline for amendment of pleadings at April 18, 2012; the Motion was filed at 12:28 a.m.
MST on April 19, 2012). Plaintiff is warned that any untimely future filing shall be
automatically rejected.
Plaintiff’s filing of the proposed Amended Complaint is intended to resolve the issues
raised in Defendants’ pending Amended Motion to Dismiss [#22]. [#39] at 2-3. At the time
that Plaintiff filed her Response [#27] to the Amended Motion to Dismiss, Defendants were
not opposed to the filing of an Amended Complaint. Id. at 2.
IT IS HEREBY ORDERED that, pursuant to Fed. R. Civ. P. 15(a)(2), the Motion is
GRANTED. The Clerk of Court is directed to enter the Amended Complaint located at
Docket No. 39-1.
IT IS FURTHER ORDERED that Defendants’ Amended Motion to Dismiss [#22]
is DENIED AS MOOT. E.g., Schwartz v. Booker, No. 09-cv-00915-WJM-KMT, 2011 WL
2560016, at *2 (D. Colo. June 28, 2011) (“the Motion to Dismiss is mooted by the filing of
the Amended Complaint” (citation omitted)). Defendants shall respond to the Amended
Complaint on or before May 4, 2012.
Dated: April 19, 2012