McIntosh v. Puff N Stuff LLC et al

Filing 28

ORDER by Magistrate Judge Craig B. Shaffer on 1/3/2013. The court DENIES as MOOT 9 Motion to Dismiss. The court GRANTS 11 Motion to Amend/Correct/Modify. Defendants shall answer or otherwise respond to the Amended Complaint on or before January 17, 2013. (cbscd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-02420-MSK-CBS
KRISTIN MCINTOSH,
Plaintiff,
v.
PUFF N STUFF, LLC, a Colorado limited liability company d/b/a Puff n Stuff, and
KKS LLC, a Colorado limited liability company,
Defendants.

ORDER

Magistrate Judge Craig B. Shaffer
This civil action comes before the court on: (1) Plaintiff's Motion for Leave of the Court
to Amend the Complaint; and (2) Defendant KKS LLC’s Motion to Dismiss. Pursuant to the
Order Referring Case dated September 28, 2012 (Doc. # 4) and the memoranda dated
October 30, 2012 (Doc. # 12) and November 1, 2012 (Doc. # 13), these matters were
referred to the Magistrate Judge. On November 20, 2012, Defendant KKS responded to
Plaintiff’s Motion that it “does not oppose Plaintiff’s motion in that it removes the state law
claim (“Count II” in Plaintiff’s original complaint),” reserving “the right at the appropriate
junction, including without limitation at the conclusion of this case, to seek attorney fees,
costs, and other relief . . . .” (See Doc. # 16 at 1, 3-4 of 5). The court having reviewed the
Motion, the pleadings, the entire case file, and the applicable law and being sufficiently
advised in the premises, IT IS ORDERED that:
1.

Plaintiff's Motion for Leave of the Court to Amend the Complaint (filed October

30, 2012 (Doc. # 11) is GRANTED and the Amended Complaint (Doc. # 11-1) is accepted for
filing as of the date of this Order. The Clerk of the Court shall docket Doc. # 11-1 as the
Amended Complaint.
2.

Defendant KKS LLC’s Motion to Dismiss (filed October 24, 2012) (Doc. # 9) is

DENIED as moot in light of the filing of the Amended Complaint. Defendants shall answer or
otherwise respond to the Amended Complaint on or before January 17, 2013.
DATED at Denver, Colorado, this 3rd day of January, 2013.
BY THE COURT:

s/Craig B. Shaffer
United States Magistrate Judge