Morgan v. Geico Indemnity Company

Filing 36

MINUTE ORDER; 35 Plaintiffs Unopposed Motion for Leave to FileAmended Complaint and to Schedule New Scheduling Conference is GRANTED. Accordingly, IT IS FURTHER ORDERED that the Clerk of the Court shall accept Plaintiffs Amended Complaint [35-1] for filing as of the date of this Order, by Magistrate Judge Kristen L. Mix on 10/22/15.(morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-03257-PAB-KLM
LORI E. MORGAN,
Plaintiff,
v.
GEICO INDEMNITY COMPANY,
Defendant.
______________________________________________________________________
MINUTE ORDER
______________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Unopposed Motion for Leave to File
Amended Complaint and to Schedule New Scheduling Conference [#35]1 (the
“Motion”). As an initial matter, the Motion does not comply with D.C.COLO.LCivR 15.1(a),
which requires, that “[a] party who files an amended pleading under Fed. R. Civ. P. 15(a)(1)
or with the consent of the opposing party shall file a separate notice of filing the amended
pleading and shall attach as an exhibit a copy of the amended pleading which strikes
through . . . the text to be deleted and underlines . . . the text to be added.” The Motion is
subject to denial on this basis alone. Nevertheless, in the interest of expedience,
IT IS HEREBY ORDERED that the Motion [#35] is GRANTED. Accordingly,
IT IS FURTHER ORDERED that the Clerk of the Court shall accept Plaintiff’s
Amended Complaint [#35-1] for filing as of the date of this Order.
IT IS FURTHER ORDERED that Plaintiff shall file the notice and exhibit described
in D.C.COLO.LCivR 15.1(a) on or before October 26, 2015.
IT IS FURTHER ORDERED that Defendant shall answer or otherwise respond to
the Amended Complaint in accordance with Fed. R. Civ. P. 15(a)(3).

1

“[#35]” is an example of the convention the Court uses to identify the docket number
assigned to a specific paper by the Court’s case management and electronic case filing system
(CM/ECF). The Court uses this convention throughout this Minute Order.

1

IT IS FURTHER ORDERED that, if the parties determine that the exclusion of the
class claims requires entry of a modified scheduling order, they shall file a proposed
Amended Scheduling Order on or before November 13, 2015.
Dated: October 22, 2015

2