W.J.Bradley Mortgage Capital, LLC v. Legacy Group Lending, Inc.

Filing 55

ORDER 42 Denying Legacy's Motion to Amend Complaint, by Judge Richard P. Matsch on 5/7/15. (ktera)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 14-cv-01103-RPM
W. J. BRADLEY MORTGAGE CAPITAL, LLC,
Plaintiff,
v.
LEGACY GROUP LENDING, INC.,
Defendant.
Consolidated with:
Civil Action No. 14-cv-01486-RPM
LEGACY GROUP LENDING, INC., and
LEGACY GROUP HOLDINGS INC.,
Plainiffs,
v.
W.J. BRADLEY MORTGAGE CAPITAL, LLC,
Defendant.
_____________________________________________________________________
ORDER DENYING LEGACY’S MOTION TO AMEND COMPLAINT
_____________________________________________________________________
On March 26, 2015, Legacy Group Lending, Inc., filed a motion to file a second
amended complaint and tendered a red-line version. W. J. Bradley Mortgage Capital,
LLC, filed an opposition and there has been extensive briefing. W. J. Bradley Mortgage
Capital filed a motion for a partial summary judgment on May 5, 2015. [Doc. 49]. In that
motion it appears there is no disagreement that the premises Suites 110 and 120 at
11225 or 11235 SE 6th Street, Bellevue, WA, were among the ten subleases executed.
It does not now seem necessary to amend the complaint for purposes of reformation

and the claim for promissory estoppel is untimely. Denial of the motion to file a second
amended complaint does not preclude a motion to amend the pleadings to conform to
the evidence, Fed.R.Civ.P. 15(b). It is now
ORDERED that the motion to file a second amended complaint is denied.
DATED: May 7, 2015
BY THE COURT:
s/Richard P. Matsch
__________________________
Richard P. Matsch, Senior Judge

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