Hamilton v. Farmers Insurance Group et al

Filing 31

MINUTE ORDER denying Without Prejudice 29 Plaintiffs motion for leave to file a second amended complaint, by Magistrate Judge Michael J. Watanabe on 11/17/2014.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-01211-WJM-MJW
PRISCILLA P. HAMILTON,
Plaintiff,
v.
FARMERS INSURANCE GROUP and
BARTHOLOMEW O. BAAH,
Defendants.
MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
Plaintiff has moved for leave to file a second amended complaint. (Docket No.
29.) The purpose of the amendment is to identify the correct insurance companies in
this car-accident case.
As set forth in this Court’s October 29, 2014, Report & Recommendation (Docket
No. 28), Plaintiff cannot state a claim directly against Defendant Baah’s insurers; she
has a claim only against Defendant Baah. (See Docket No. 28, p.3 & n.1.) The
proposed amendment is therefore futile.
That said, District Judge William J. Martinez has not yet adopted the Report &
Recommendation. Accordingly, it is hereby ORDERED that:
•

Plaintiff’s motion for leave to file a second amended complaint (Docket No.
29) is DENIED WITHOUT PREJUDICE; and

•

If Judge Martinez overrules the Report & Recommendation, finding that
Plaintiff can properly state a claim against Defendant Baah’s insurer, the
Court will entertain a renewed motion for leave to file a second amended
complaint.

Date: November 17, 2014