Daro Tech, Ltd. v. Centerre Government Contracting Group, LLC et al

Filing 100

MINUTE ORDER granting 86 Motion for Leave to Amend Complaint. No later than March 28, 2014, Plaintiff may file its First Amended Complaint by Magistrate Judge Kathleen M. Tafoya on 03/24/14.(jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 13–cv–01811–REB–KMT

UNITED STATES OF AMERICA, for the use and benefit of
DARO TECH, LTD., a Colorado corporation,
Plaintiffs,
v.
CENTERRE GOVERNMENT CONTRACTING GROUP, LLC, a Colorado limited liability
company,
BERKLEY REGIONAL INSURANCE COMPANY, a Colorado corporation,
KIEWIT-TURNER A JOINT VENTURE, a Joint Venture doing business in Colorado,
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a Connecticut
corporation,
FEDERAL INSURANCE COMPANY, a New Jersey corporation,
FIDELITY AND DEPOSIT COMPANY OF MARYLAND/ZURICH AMERICAN
INSURANCE COMPANY, an Illinois corporation,
LIBERTY MUTUAL INSURANCE COMPANY, a Massachusetts corporation, and
THE CONTINENTAL INSURANCE COMPANY, an Illinois corporation,
Defendants.
MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE KATHLEEN M. TAFOYA
“Plaintiff Daro Tech, Ltd.’s Motion for Leave to Amend the Complaint” (Doc. No. 86, filed
December 23, 2013) is GRANTED, pursuant to Fed. R. Civ. P. 15(a)(2), based on Defendant
Centerre Government Contracting Group, LLC and Defendant Berkley Regional Insurance
Company’s Response to Plaintiff’s Motion for Leave to Amend the Complaint, in which they
state that if the Motions to Dismiss are denied, they will have no objection to the proposed
amendment to the Complaint (Doc. No. 93 at 3), and based on the lack of objections from the
other defendants (Doc. Nos. 92). See also Foman v. Davis, 371 U.S. 178, 182 (1962) (Absent
“undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure
deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue
of allowance of the amendment, futility of amendment,” motion to amend should be freely
given.).

No later than March 28, 2014, Plaintiff may file its First Amended Complaint, adding a Breach
of Contract - Intended Third Party Beneficiary claim against Berkley Regional Insurance
Company, consistent with District Judge Blackburn’s “Order Adopting Recommendation of the
United States Magistrate Judge” (Doc. No. 99).
Dated: March 24, 2014

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