Patrick Collins, Inc. v. John Does 1-12

Filing 26

MINUTE ORDER granting in part and denying without prejudice in part 24 Motion for Leave to File Second Amended Complaint. By Magistrate Judge Michael E. Hegarty on 1/23/13. (kfinn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01956-REB-MEH
PATRICK COLLINS, INC.,
Plaintiff,
v.
GAIL GONZALEZ,
Defendant.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on January 23, 2013.
Plaintiff’s Motion for Leave to File Second Amended Complaint [filed January 21, 2012;
docket #24] is granted in part and denied without prejudice in part. Plaintiff seeks to file a
Second Amended Complaint naming only Ms. Gonzalez as a defendant and to substitute an exhibit
incorrectly filed with the First Amended Complaint.
First, Plaintiff’s request to file a Second Amended Complaint, as the Court understands it,
seeks relief that would be duplicative of the current operative pleading. According to the record and
contrary to Plaintiff’s assertion, Defendant John Doe #7 was not named in the First Amended
Complaint, but rather was specifically omitted from the caption in the amended pleading. As such,
the Clerk of the Court is directed to remove John Doe #7 from the caption on the docket sheet in this
case.
After Plaintiff dismissed the identified John Doe Defendants from the First Amended
Complaint, Ms. Gonzalez is the only remaining Defendant in this case. Therefore, it appears that
filing a Second Amended Complaint naming only Ms. Gonzalez would be duplicative of the
operative pleading.
Second, Plaintiff’s request to substitute the attached Exhibit A with the “Exhibit A” filed
with the First Amended Complaint is granted. The Clerk of the Court shall strike Exhibit A to the
First Amended Complaint (docket #15-1) and file Exhibit A attached to the present motion (docket
#24-2).