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, )

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.