Swecker v. Gavalan

Filing 9

MINUTE ORDER granting 6 Plaintiffs Motion to Amend Complaint and CaseCaption, by Magistrate Judge Kristen L. Mix on 3/18/2014.(evana, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 14-cv-00489-WJM-KLM DANIEL B. SWECKER, Plaintiff, v. MARK GALVAN, Defendant. ______________________________________________________________________ MINUTE ORDER ______________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Plaintiff’s Motion to Amend Complaint and Case Caption [#6]1 (the “Motion”). Pursuant to Fed. R. Civ. P. 15(a)(1)(A), Plaintiff may amend his pleading once as a matter of course “within . . . 21 days after serving it.” As an initial matter, this case was filed on February 25, 2014 and there is no evidence on the docket that the Complaint [#1] has been served on Defendant. Further, even if Plaintiff has already served Defendant, Plaintiff has submitted his Amended Complaint and Jury Demand [#7] within the 21-day period because the Motion was filed within 21 days of initiating the lawsuit. Accordingly, IT IS HEREBY ORDERED that the Motion [#6] is GRANTED. The Clerk of the Court shall accept Plaintiff’s Amended Complaint and Jury Demand [#7] for filing as of the date of this Minute Order. Dated: March 18, 2014 1 “[#6]” 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 Minute Order.

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