Aurora Bank FSB v. Network Mortgage Services, Inc.

Filing 28

MINUTE ORDER granting 26 Motion to Amend Complaint. ORDERED that the Clerk of the Court shall accept Plaintiff's Amended Complaint [#26-1] for filing as of the date of this Order. ORDERED that Defendant shall answer or otherwise respond to the Amended Complaint in accordance with Fed. R. Civ. P. 15(a)(3). by Magistrate Judge Kristen L. Mix on 04/21/14.(jhawk, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 13-cv-00047-PAB-KLM AURORA BANK FSB, a Federal Savings Bank, Plaintiff, v. NETWORK MORTGAGE SERVICES, INC., a Washington corporation doing business as NETWORK HOME LOANS, Defendant. ______________________________________________________________________ MINUTE ORDER ______________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Plaintiff Aurora’s Unopposed Motion for Leave of Court to File its Amended Complaint [#26]1 (the “Motion”). As an initial matter, the Motion does not comply with D.C.COLO.LCivR 15.1(a), which requires, that “[a] party who files an amended pleading under Fed. R. Civ. P. 15(a)(1) or with the consent of the opposing party shall file a separate notice of filing the amended pleading and shall attach as an exhibit a copy of the amended pleading which strikes through . . . the text to be deleted and underlines . . . the text to be added.” The Motion is subject to denial on this basis alone. Nevertheless, in the interest of expedience, IT IS HEREBY ORDERED that the Motion [#26] is GRANTED. IT IS FURTHER ORDERED that the Clerk of the Court shall accept Plaintiff’s Amended Complaint [#26-1] for filing as of the date of this Order. IT IS FURTHER ORDERED that Defendant shall answer or otherwise respond to the Amended Complaint in accordance with Fed. R. Civ. P. 15(a)(3). Dated: April 21, 2014 1 “[#26]” is an example of the convention I use to identify the docket number assigned to a specific paper by the Court’s case management and electronic case filing system (CM/ECF). I use this convention throughout this Minute Order.

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