Bargen v. Sapp Bros Travel Centers, Inc. et al

Filing 32

MINUTE ORDER denying 29 Motion for Leave to Amend Complaint by Magistrate Judge Kristen L. Mix on 7/25/12.(dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01199-CMA-KLM
THOANCHELLE BARGEN,
Plaintiff,
v.
SAPP BROS TRAVEL CENTERS INC., a Nebraska Corporation,
SAPP BROS TRAVEL CENTERS INC. d/b/a APPLE BARREL RESTAURANT,
DIANA COLLINS, an individual,
ASHLEY M. BAILEY, an individual,
PAULA GAER, an individual,
ANTHONY SENA, an individual,
COMMERCE CITY POLICE DEPARTMENT, a municipal corporation,
DAX NANCE, Officer, individually and in his official capacity,
DOES I through X, inclusive, and
ROE ENTITIES I through X, inclusive,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Motion for Leave to Amend
Complaint [Docket No. 29; Filed July 24, 2012] (the “Motion”).
IT IS HEREBY ORDERED that the Motion is DENIED WITHOUT PREJUDICE for
Plaintiff’s failure to fully comply with D.C.COLO.LCivR 7.1A. In the conferral email attached
to the Motion, Attorney Polk states that there is no objection to Plaintiff’s “request to file an
Amended Complaint to substitute the City of Commerce City for Officer Nance and the
Commerce City Police Department.” [#29-1] at 1. However, the proposed Amended
Complaint indicates that Officer Nance remains as a named defendant, both individually
and in his official capacity. [#31] at 1, 3. Thus, it is unclear to the Court whether the parties
fully conferred as to the nature of Plaintiff’s request, and whether all Defendants are
unopposed to the entry of the proposed Amended Complaint.
Dated: July 25, 2012