Gomez v. Kroll Factual Data, Inc.

Filing 75

MINUTE ORDER granting #54 Plaintiffs Motion for Leave to File Second AmendedComplaint, by Magistrate Judge Kathleen M. Tafoya on 3/27/2014.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 13–cv–00445–WJM–KMT

JOSEPH J. GOMEZ, on behalf of himself and all others similarly situated,
Plaintiff,
v.
KROLL FACTUAL DATA, INC.,
Defendant.

MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE KATHLEEN M. TAFOYA
This matter is before the court on “Plaintiff’s Motion for Leave to File Second Amended
Complaint” (Doc. No. 54, filed November 14, 2013). The Motion is GRANTED, pursuant to
District Judge William J. Martínez’s “Order Denying Defendant’s Motion to Dismiss.” (See
Doc. No. 62 at 7 n.3.) As Judge Martínez noted, the Second Amended Complaint does not differ
substantially from the Amended Complaint. (Id.) Moreover, because Plaintiff has requested that
the court allow the amendment attached to the Motion for Leave to File Second Amended
Complaint (see Doc. No. 65 at 1 n.1), the motion is timely. Additionally, the court does not find
any undue delay, bad faith or dilatory motive, repeated failure to cure deficiencies by
amendments previously allowed, or undue prejudice to the defendant by virtue of the
amendment. Foman v. Davis, 371 U.S. 178, 182 (1962). Finally, Judge Martínez ruled that the
Plaintiff has stated a claim (see Doc. No. 62 at 7), and thus the defendant’s futility argument
fails. Foman, 371 U.S. at 182.
Dated: March 27, 2014