Brown v. Fryer et al

Filing 76

MINUTE ORDER denying 66 Second Motion to Amend Complaint. By Magistrate Judge Kathleen M. Tafoya on 05/21/13. (alvsl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 12–cv–01740–RM–KMT

KATIE BROWN,
Plaintiff,
v.
JAMI FRYER,
ROBERT FRYER,
CINCINNATI INSURANCE COMPANY, and
AMERICAN FAMILY MUTUAL INSURANCE COMPANY,
Defendants.

MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE KATHLEEN M. TAFOYA
Plaintiff’s “Second Motion to Amend Complaint” (Doc. No. 66, filed Apr. 12, 2013) is DENIED
without prejudice. The court acknowledges that Defendant American Family Insurance
Company does not oppose Plaintiff’s Motion to Amend. (See Doc. No. 75.) Nevertheless,
Plaintiff’s proposed First Amended Complaint improperly features a number of claims against
Defendant Cincinnati Insurance Company that were previously dismissed by the court.
(Compare Doc. No. 66-2 with Doc. No. 65.) Although Plaintiff suggests that she intends to file a
motion for reconsideration of the court’s dismissal of these claims, they are not properly
included in Plaintiff’s proposed First Amended Complaint at this time. Unless or until Plaintiff’s
putative motion for reconsideration is granted, the dismissal of those claims stands. Plaintiff
may file a renewed motion to amend, attaching a proposed amended complaint that omits any
dismissed claims and/or defendants, no later than June 11, 2013.
Dated: May 21, 2013