Sheets v. Soule et al

Filing 18

MINUTE ORDER granting 15 Motion to Amend Complaint. The First Amended Complaint and Jury Demand (docket no. 15-5) is accepted for filing as of the date of this minute order. Status Conference set for 6/29/2015 10:00 AM before Magistrate Judge Michael J. Watanabe. Entered by Magistrate Judge Michael J. Watanabe on 05/11/15.(jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00028-PAB-MJW
PATRICK SHEETS,
Plaintiff(s),
v.
TERRENCE SOULE, and
DANIEL GALINIAK,
Defendant(s).
MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
Rule 15(a) of the Federal Rules of Civil Procedure provides that “[t]he court
should freely give leave [to amend] when justice so requires.” Fed. R. Civ. P. 15(a)(2).
“Refusing leave to amend is generally only justified upon a showing of undue delay,
undue prejudice to the opposing party, bad faith or dilatory motive, failure to cure
deficiencies by amendments previously allowed, or futility of amendment.” Frank v.
U.S. West, Inc., 3 F.3d 1357, 1365 (10th Cir. 1993) (citations omitted).
It is hereby ORDERED that Plaintiff’s Partially Unopposed Motion for Leave to
Amend Complaint and Join Additional Party Gloriangeles Soule (docket no. 15) is
GRANTED for the reasons stated in the subject motion (docket no. 15) and in the
interest of justice as outlined in Fed. R. Civ. P. 15(a)(2). The First Amended Complaint
and Jury Demand (docket no. 15-5) is accepted for filing as of the date of this minute
order. Plaintiff shall immediately serve the newly-added Defendant Gloriangeles Soule
with: (1) a copy of the First Amended Complaint; (2) Summons; (3) a copy of the current
Scheduling Order (docket no. 13); and (4) a copy of this minute order. As to Defendant
Terrence Soule’s futility argument, Judge Ebel has previously addressed that issue in
the case of General Steel Domestic Sales, LLC v. Steel Wise, LLC, 2008 WL 2520423
(D. Colo. 2008). In the General Steel case, Judge Ebel stated, in pertinent part: “. . .
Defendants’ futility argument seems to place the cart before the horse. Rather than
force a Rule 12(b)(6) motion into a Rule 15(a) opposition brief, the defendants may be
better served by waiting to assert Rule 12 motions until the operative complaint is in
place.”
It is FURTHER ORDERED that a Status Conference is set before Magistrate
Judge Watanabe on June 29, 2015, at 10:00 a.m. in Courtroom A-502, Fifth Floor,
Alfred A. Arraj U.S. Courthouse, 901 19th Street, Denver, Colorado. The parties,

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including the newly-added Defendant Gloriangeles Soule once served, shall meet and
confer before the Status Conference and be prepared to inform this court at the Status
Conference if any adjustments to the current Scheduling Order (docket no. 13) are
needed.
Date: May 11, 2015