Hanley v. TriZetto Corporation

Filing 12

MINUTE ORDER denying as moot 10 Motion for Leave to File First Amended Complaint and Jury Demand. By Magistrate Judge Kristen L. Mix on 7/16/2013.(klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-01667-PAB-KLM
ELIZABETH HANLEY,
Plaintiff,
v.
TRIZETTO CORPORATION, a Delaware Corporation,
Defendant.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Motion for Leave to File First
Amended Complaint and Jury Demand [Docket No. 10; Filed July 16, 2013] (the
“Motion”). Pursuant to Fed. R. Civ. P. 15(a)(1)(A), Plaintiff may amend her pleading once
as a matter of course within “21 days after serving it . . .” In the Motion, Plaintiff alleges that
she has not yet served Defendant. Motion [#10] at 1. Further, there is no proof of service
on the docket and no attorney has entered an appearance on behalf of Defendant.
Therefore, Plaintiff has submitted her First Amended Complaint and Jury Demand [#10-1]
prior to the beginning of the 21-day period. As a result, Plaintiff need not seek leave of the
Court to file her First Amended Complaint and Jury Demand [#10-1]. Accordingly,
IT IS HEREBY ORDERED that the Motion [#10] is DENIED as moot.
Dated: July 16, 2013