Lilak v. Astrazenca Pharmaceutical-US Inc., Corporation

Filing 39

MINUTE ORDER denying plaintiff's 37 Motion Requesting Permission to File Amended and Supplemental Pleading. Plaintiff's tendered 35 Amended Complaint shall be stricken. By Magistrate Judge Michael J. Watanabe on 8/15/12.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-00031-PAB-MJW
SAFDAR LILAK,
Plaintiff(s),
v.
ASTRAZENCA PHARMACEUTICAL-US INC., CORPORATION,
Defendant(s).
MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
On April 24, 2012, plaintiff filed a motion (Docket No. 26) requesting permission
to amend his complaint. On July 12, 2012, the court denied plaintiff’s motion to amend,
noting that defendant’s Motion to Dismiss (Docket No. 6) had been filed long before on
January 26, 2012. The court found there was undue delay on plaintiff’s part and, in
view of the ripe Motion to Dismiss, allowing plaintiff to amend his complaint would
unduly prejudice defendant.
Plaintiff has filed another a motion to amend (Docket No. 37). This court’s
recommendation (Docket No. 33) on defendant’s motion to dismiss is now pending. For
the same reasons found in the July 12, 2012 order (Docket No. 31), the court finds that
allowing plaintiff’s to amend his complaint would be unduly prejudicial to defendant.
Accordingly, it is hereby ORDERED that plaintiff’s Motion Requesting Permission
to File Amended and Supplemental Pleading (Docket No. 37) is DENIED. In addition,
plaintiff’s tendered Amended Complaint (Docket No. 35) shall be STRICKEN.
Date: August 15, 2012