Gabriel v. Peak Vista Health Center, et al

Filing 45

MINUTE ORDER; 40 Plaintiff's Motion to Withdraw is GRANTED and 26 Plaintiff's Motion Seeking Leave of Court to Amended [sic] Complaint is deemed WITHDRAWN, by Magistrate Judge Kathleen M. Tafoya on 7/20/15.(morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 14–cv–03022–KMT
VINCENT GABRIEL,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE KATHLEEN M. TAFOYA
This matter comes before the court on “Plaintiff’s Motion to Withdraw Motion to Amend
Filed on June 8, 2015 and to File Renewed Motion to Amend Attached to Proposed Amended
Complaint” (Doc. No. 40, filed July 13, 2015) is GRANTED. Although Defendant opposes the
motion (see Doc. No. 43), the court finds that Defendant will suffer little, if any, prejudice if
Plaintiff is allowed to seek leave to file a different amended complaint.
Accordingly, Plaintiff’s Motion to Withdraw (Doc. NO. 40) is GRANTED and
“Plaintiff’s Motion Seeking Leave of Court to Amended [sic] Complaint” (Doc. No. 26) is
deemed WITHDRAWN. The court construes “Plaintiff’s Reply/Motion to Quash Defendant’s
Motion to Oppose Leave to Amend Complaint, to Oppose Vacating of Scheduling Conference,
to Clarify Stated Claims and to Eliminate Defendant’s Declaration of Futility and Government
Immunity (Renewed Motion to Amend)” (Doc. No. 42, filed July 13, 2015) as a motion for leave
to file the proposed Amended Complaint filed on June 22, 2015 (Doc. No. 28). Defendant shall
file a response to this motion no later than August 3, 2015 and Plaintiff shall file a reply, if any,
no later than August 10, 2015.
Dated: July 20, 2015