McGowan v. Board of Trustees for Metropolitan State University of Denver et al

Filing 28

ORDER by Magistrate Judge Boyd N. Boland on 4/1/14. Defendant Board of Trustees of Metropolitan State University of Denver's Motion to Dismiss for Insufficient Service of Process or in the Alternative Motion to Quash Service of Process 15 is DENIED AS MOOT. Plaintiff's Motion for Leave to File Response and Opposition to Defendant Board of Trustees of Metropolitan State University of Denver's Motion to Dismiss for Insufficient Service of Process or in the Alternative Motion to Quash Service of Process 20 is DENIED ASMOOT. The Clerk of the Court shall accept the plaintiff's Amended Complaint [21-1] for filing. (bsimm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 13-cv-01716-WJM-BNB
ANGELIA MCGOWAN,
Plaintiff,
v.
BOARD OF TRUSTEES FOR METROPOLITAN STATE UNIVERSITY OF DENVER,
CATHERINE LUCAS, an individual and
DONNA FOWLER, an individual,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on the following papers filed by the parties:
(1) Defendant Board of Trustees of Metropolitan State University of Denver’s
Motion to Dismiss for Insufficient Service of Process or in the Alternative Motion to Quash
Service of Process [Doc. #15, filed 02/26/2014] (“Defendant’s Motion”);
(2) Plaintiff’s Motion for Leave to File Response and Opposition to Defendant
Board of Trustees of Metropolitan State University of Denver’s Motion to Dismiss for
Insufficient Service of Process or in the Alternative Motion to Quash Service of Process
[Doc. #20, filed 03/11/2014] (“Plaintiff’s Motion”); and
(3) The plaintiff’s Notice of Amended Complaint [Doc. #21, filed 03/11/2014].
The plaintiff filed her initial Complaint on June 28, 2013 [Doc. #1]. The initial
Complaint names as defendants the Board of Trustees of Metropolitan State University of
Denver, Catherine Lucas, and Donna Fowler. The Defendant’s Motion seeks dismissal of the

initial Complaint under Fed. R. Civ. P. 12(b)(5) for insufficient service of process or, in the
alternative, an order quashing service. The Plaintiff’s Motion seeks leave to respond to the
Defendant’s Motion. The plaintiff’s Notice of Amended Complaint contains an Amended
Complaint, which names as the sole defendant the Board of Trustees of Metropolitan State
University of Denver. On March 31, 2014, the Board of Trustees of Metropolitan State
University of Denver filed an Answer [Doc. #26] and a motion to dismiss [Doc. #27] Claims
Two and Three of the Amended Complaint. Accordingly,
IT IS ORDERED:
(1) Defendant Board of Trustees of Metropolitan State University of Denver’s Motion
to Dismiss for Insufficient Service of Process or in the Alternative Motion to Quash Service of
Process [Doc. #15] is DENIED AS MOOT;
(2) Plaintiff’s Motion for Leave to File Response and Opposition to Defendant Board of
Trustees of Metropolitan State University of Denver’s Motion to Dismiss for Insufficient Service
of Process or in the Alternative Motion to Quash Service of Process [Doc. #20] is DENIED AS
MOOT; and
(3) The Clerk of the Court shall accept the plaintiff’s Amended Complaint [Doc. #21-1]
for filing.
Dated April 1, 2014.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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