Sorce v. Ditech et al

Filing 12

ORDER: re: 11 Response to Order to Show Cause filed by Marsha Sorce. Request for extension of time to file amended complaint is GRANTED. Amended Complaint to be filed on or before 9/28/12. by Magistrate Judge Boyd N. Boland on 9/18/12. (bnbcd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01958-CMA-BNB
MARSHA SORCE,
Plaintiff,
v.
DITECH,
GMAC MORTGAGE,
FREDDIE MAC MULTI-CLASS CERTIFICATES SERIES 3499,
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC (“MERS”),
GMAC MORTGAGE, LLC; and
DOES 1 TO 20,1
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on the plaintiff’s Response to Order to Show Cause [Doc. #11, filed
09/18/2012].
The plaintiff initiated this case by filing a Complaint [Doc. #1]. On August 6, 2012, I
struck the Complaint because it suffered from many deficiencies, and I ordered the plaintiff to
submit an amended complaint which complies with Fed. R. Civ. P. 8; D.C.COLO.LCivR 8.1A;
and my order [Doc. #5]. On September 4, 2012, I ordered the plaintiff to show cause why this
action should not be dismissed for failure to comply with Fed. R. Civ. P. 8; D.C.COLO.LCivR
8.1A; and my order.

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The caption as prepared by the plaintiff includes “All Persons Claiming By, Through or
Under Such Person, All Persons Unknown, Claiming Any Legal or Equitable Title, Estate, Lien
or Interest in the Property Described in the Complaint Adverse to Plaintiffs Title Thereto. . . .” I
interpret these parties to be among the Doe defendants, and the caption is modified to reflect my
understanding.

In response, the plaintiff states that she did not receive my initial order until after the
deadline to amend expired. The plaintiff requests an extension of time to file the amended
complaint.
IT IS ORDERED that the plaintiff’s request is GRANTED. The plaintiff shall file her
amended complaint on or before September 28, 2012. No further extensions will be allowed.
Dated September 18, 2012.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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