Kole v. Lynch et al

Filing 52

MINUTE ORDER; 50 Defendants' Motion for Clarification re: Due Date for Response to Third Amended Complaint is GRANTED. Defendants shallrespond to the Third Amended Complaint on or before September 25, 2015, by Magistrate Judge Kristen L. Mix on 9/3/15.(morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01435-WJM-KLM
BENJAMIN FRANCIS KOLE,
Plaintiff,
v.
SHERIFF JUSTIN SMITH, in his individual and official capacities,
CAPTAIN TIMOTHY PALMER, in his individual and official capacities,
LIEUTENANT STACEY SHAFFER, in her individual and official capacities,
DEPUTY CASSONDRA WINDWALKER, in her individual capacity,
LIEUTENANT MICHAEL ESTER, in his individual and official capacities,
CORPORAL BRYCE GRIFFIN, in his individual and official capacities,
PROGRAMS VOLUNTEER COORDINATOR LISA SCHLUETER, in her individual and
official capacities, and
SERGEANT AARON SMOYER, in his individual and official capacities,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Defendants’ Motion for Clarification re: Due
Date for Response to Third Amended Complaint [#50]1 (the “Motion”). In the Motion,
Defendants seek clarification regarding their deadline to respond to Plaintiff’s Third
Amended Complaint [#49]. Motion [#50] at 2. On December 1, 2014, the Court ordered
that “Defendants need not file an answer or other response until after a ruling issues” on
Plaintiff’s motion for leave to file the Third Amended Complaint. Minute Order [#41] at 1.
The Court denied the remaining requests for relief in that motion. Id. When the Court
granted Plaintiff’s motion to file the Third Amended Complaint, it ordered Defendant to
“answer or otherwise respond to Plaintiff’s Third Amended Complaint in accordance with
Fed. R. Civ. P. 15(a)(3).” Order [#48] at 23. Therefore, Defendants’ deadline to respond
to the Third Amended Complaint is controlled by Fed. R. Civ. P. 15(a)(3). However, to the
extent the Motion requests that Defendants’ deadline to respond to the Third Amended

1

“[#50]” 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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Complaint be extended to September 25, 2015, the Court finds good cause for the
requested extension. Accordingly,
IT IS HEREBY ORDERED that the Motion [#50] is GRANTED.2 Defendants shall
respond to the Third Amended Complaint on or before September 25, 2015.
Dated: September 3, 2015

2

The Court may rule on a pending motion at any time. D.C.COLO.LCivR 7.1(d).

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