Elf-Man, LLC v. Does 1-4

Filing 21

MINUTE ORDER denying as moot the following motions: 17 Plaintiff's Motion for Leave to File and Serve First Amended Complaint Naming Doe Number 1, and 19 Plaintiff's Amended Motion for Leave to File and Serve First Amended Complaint Naming Doe Number 1. By Magistrate Judge Michael E. Hegarty on 8/19/2013. (mehcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00686-WYD-MEH
ELF-MAN, LLC,
Plaintiff,
v.
JOHN DOES 1-85,
Defendants.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on August 19, 2013.
Plaintiff’s Motion for Leave to File and Serve First Amended Complaint Naming Doe
Number 1 [filed August 18, 2013; docket #17] and Plaintiff’s Amended Motion for Leave to File
and Serve Corrected First Amended Complaint Naming Doe Number 1 [filed August 19, 2013;
docket #19] are denied as moot. Pursuant to Fed. R. Civ. P. 15(a)(1), a party may amend once as
a matter of course within “(B) ... 21 days after service of a responsive pleading or 21 days after
service of a motion under Rule 12(b), (e), or (f), whichever is earlier.” Because no answer or other
response has been filed in this case, the Plaintiff is permitted to amend its pleading once without
seeking leave of court. Therefore, the Plaintiff may file a first amended complaint in this action
so long as it is filed no later than 21 days after an answer or other response pursuant to Rule 12(b),
(e) or (f) has been served.