Carriker et al v. City & County of Denver et al

Filing 33

MINUTE ORDER; 28 Motion to Strike Plaintiffs' Second Amended Complaint is GRANTED and the Clerk of Court shall strike Plaintiffs' 20 Amended Complaint, by Magistrate Judge Kristen L. Mix on 12/20/2012.(klmcd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-02365-WJM-KLM
CLAYBORN CARRIKER, husband, and
DORIS CARRIKER, wife,
Plaintiffs,
v.
CITY AND COUNTY OF DENVER, COLORADO, including its Denver International Airport
Facility,
ISS FACILITY SERVICES, INC., and
JOHN DOE(S), former and current Administrators of any Airport facility maintained,
operated, or controlled by the City & County of Denver or the Denver International Airport,
or ISS Facility Services, Inc. in their Official and Individual Capacities,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on the Motion to Strike Plaintiffs’ Second
Amended Complaint [Docket No. 28; Filed November 16, 2012] (the “Motion”) filed by
Defendants City and County of Denver, Manager of Aviation Kim Day and Deputy Manager
of Aviation for Facilities Management Dave LaPorte. Plaintiffs have not filed a response
and the time to do so has expired. See D.C.COLO.LCivR 7.1C.
Plaintiffs filed a Second Amended Complaint [#20] on November 6, 2012. They
previously filed an Amended Complaint [#11] on October 5, 2012. Pursuant to Fed. R. Civ.
P. 15(a)(1), Plaintiffs may amend their pleading “once as a matter of course” within
specified time limits. “In all other cases, a party may amend its pleading only with the
opposing party’s written consent or the court’s leave.” Fed. R. Civ. P 15(a)(2). Here,
because Plaintiffs previously amended their complaint, they were required to obtain
Defendants’ written consent or seek leave of court before filing their Second Amended
Complaint, which they did not do. Accordingly,
IT IS HEREBY ORDERED that the Motion [#28] is GRANTED and that the Clerk of
Court shall strike Plaintiffs’ Second Amended Complaint [#20].
Dated: December 20, 2012