Parker v. M&M Energy LLC et al

Filing 45

ORDER by Magistrate Judge Boyd N. Boland on 3/5/14. Plaintiff's Opposed Motion for Leave to Amend Complaint 32 is DENIED without prejudice for failure to comply with D.C.COLO.LCivR 15.1(b); and the hearing on the Motion to Amend set for this afternoon (March 5, 2014) at 1:30 p.m. is VACATED. (Simmons, B.)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 13-cv-02577-WJM-BNB
ROBERT PARKER,
Plaintiff,
v.
M&M ENERGY LLC, and
FOSTER ENERGY SERVICES, LLC,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
Now pending is the Plaintiff’s Opposed Motion for Leave to Amend Complaint [Doc.
# 32, filed 1/28/2014] (the “Motion to Amend”). The plaintiff seeks leave to add claims against
two additional defendants--Martin Foster as manager of M&M Energy, and his father, Daniel
Foster, whom the plaintiff argues in the Motion to Amend “would act as the manager in charge”
“anytime Martin Foster was not present.” Motion to Amend [Doc. # 32] at p. 3. In addition, the
plaintiff seeks to add a claim alleging that M&M Energy and Foster Energy are joint employers.
Id. The defendants oppose the Motion to Amend as untimely, brought in bad faith, and futile.
Unfortunately, the plaintiff failed to attach a copy of the proposed amended complaint as
an exhibit to the Motion to Amend, contrary to the requirements of the local rules of this court.
D.C.COLO.LCivR 15.1(b). The requirement that the proposed amended complaint be included
as an exhibit to a motion to amend is particularly important here, where the defendants resist
amendment based on futility, arguing that the plaintiff cannot plead sufficient facts to state a
plausible claim. It is impossible to meaningfully assess the sufficiency of the proposed

amendment in the abstract and without the benefit of the proposed allegations.
IT IS ORDERED:
(1)

The Motion to Amend [Doc. # 32] is DENIED without prejudice for failure to

comply with D.C.COLO.LCivR 15.1(b); and
(2)

The hearing on the Motion to Amend set for this afternoon (March 5, 2014) at

1:30 p.m. is VACATED.
Dated March 5, 2014.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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