Kinne et al v. Rocky Mountain EMS, Inc.

Filing 54

ORDER denying without prejudice 49 Motion to Dismiss Plaintiffs' First Amended Collective Action Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and granting 52 Unopposed Motion for Leave to Amend Complaint. Defendants shall answer or otherwise respond to the Second Amended Collective Action Complaint on or before 5/20/2013. By Magistrate Judge Craig B. Shaffer on 4/30/2013.(klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-02420-MSK-CBS
KAREN KINNE,
TIM DILL, and
ABRAHAM BACA,
Plaintiffs,
v.
ROCKY MOUNTAIN EMS, INC. d/b/a ROCKY MOUNTAIN MOBILE MEDICAL, and
RAYMOND GOETZE,
Defendants.

ORDER

Magistrate Judge Craig B. Shaffer
This civil action comes before the court on: (1) Plaintiff's Unopposed Motion for Leave
to Amend Complaint; and (2) Defendants’ Motion to Dismiss Plaintiffs’ First Amended
Collective Action Complaint Pursuant to Fed. R. Civ. P. 12(b)(6). Pursuant to the Order
Referring Case dated October 15, 2012 (Doc. # 6) and the memoranda dated April 8, 2013
(Doc. # 50) and April 30, 2013 (Doc. # 53), these matters were referred to the Magistrate
Judge. 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 Unopposed Motion for Leave to Amend Complaint (filed April 29,

2013) (Doc. # 52) is GRANTED and the Second Amended Collective Action Complaint (Doc.
# 52-1) is accepted for filing as of the date of this Order. The Clerk of the Court shall docket
Doc. # 52-1 as the Second Amended Complaint.
2.

Defendants’ Motion to Dismiss Plaintiffs’ First Amended Collective Action

Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) (filed April 8, 2013) (Doc. # 49) is DENIED
WITHOUT PREJUDICE, in light of the filing of the Second Amended Collective Action
Complaint. Defendants shall answer or otherwise respond to the Second Amended

Collective Action Complaint on or before May 20, 2013.
DATED at Denver, Colorado, this 30th day of April, 2013.
BY THE COURT:

s/Craig B. Shaffer
United States Magistrate Judge