Big Cats of Serenity Springs, Inc. et al v. Vilsack et al

Filing 50

ORDER ADOPTING 49 RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Plaintiff's 47 Unopposed Motion for Leave to File Second Amended Complaint is granted. The proposed Second Amended Complaint for Damages, Declaratory Judgment, and Other Relief [#47-2] and its attendant exhibits [#47-3 - 47-8] are accepted for filing. By Judge Robert E. Blackburn on 5/11/2015. (alowe)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 13-cv-03275-REB-KLM
BIG CATS OF SERENITY SPRINGS, INC., doing business as Serenity Springs Wildlife
Center,
NICK SCULAC,
JULIE WALKER, and
JULES INVESTMENT, INC.,
Plaintiffs,
v.
THOMAS J. VILSACK, in his official capacity as Secretary of Agriculture,
CINDY RHODES,
TRACY THOMPSON, and
OTHER UNNAMED USDA EMPLOYEES,
Defendants.

ORDER ADOPTING RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matter before me is the recommendation contained in the Order and
Recommendation of United States Magistrate Judge [#49],1 filed April 7, 2015. No
objection having been timely filed to the recommendation, I review it for plain error only.
See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d 1116,
1122 (10th Cir. 2005). Finding no such error in the magistrate judge’s recommended
disposition, I find and conclude that the recommendation should be approved and
adopted.
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“[#49]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.

THEREFORE, IT IS ORDERED as follows:
1. That the recommendation contained in the Order and Recommendation of
United States Magistrate Judge [#49], filed April 7, 2015, is approved and adopted as
an order of this court;
2. That plaintiff’s Unopposed Motion for Leave To File Second Amended
Complaint [#47], filed April 6, 2015, is granted;
3. That the proposed Second Amended Complaint for Damages, Declaratory
Judgment, and Other Relief [#47-2] and its attendant exhibits [##47-3 – 47-8] are
accepted for filing; and
4. That paragraph 4 of the court’s Order Overruling Objections to and
Adopting Recommendation of United States Magistrate Judge [#46], filed March
25, 2015, is vacated, and the following language substituted therefore:
4. That at the time judgment enters, judgment with prejudice
shall enter on behalf of defendants against plaintiffs Big Cats
of Serenity Springs, Inc., doing business as Serenity Springs
Wildlife Center, Julie Walker, and Jules Investment, Inc., as
to the Third and Fourth Claims for Relief asserted in the
Complaint for Damages, Declaratory Judgment, and
Other Relief [#1], filed December 4, 2013.
Dated May 11, 2015, at Denver, Colorado.
BY THE COURT:

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