Civility Experts Worldwide v. Molly Manners, LLC

Filing 235

MINUTE ORDER granting in part and denying in part 212 Motion Pursuant to D.C.COLO.LCivR 7.2 to Restrict Public Access to Certain Exhibits; granting 215 Civility Experts Worldwides Motion and Memorandum for Leave to Amend; granting 217 Cathy Hulshofs Motion and Memorandum for Leave to Amend; granting 218 Tanya Maclins Motion and Memorandum for Leave to Amend; granting 219 April Rollinss Motion and Memorandum for Leave to Amend, by Magistrate Judge Michael J. Watanabe on 1/21/2016.(slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00521-WJM-MJW
CIVILITY EXPERTS WORLDWIDE,
Plaintiff,
v.
CATHY HULSOF,
APRIL ROLLINS, and
TANYA MACLIN,
Intervenor Plaintiffs,
v.
MOLLY MANNERS, LLC,
FELICIA KNOWLES,
SHANNON COMBS, and
MONIKA VIRTA-GUPTA,
Defendants.
MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that:
•

Civility Experts Worldwide’s Motion and Memorandum for Leave to Amend
(Docket No. 215) is GRANTED and that the proposed Amended Reply to
Molly Manners, LLC’s Amended Counterclaim (Docket No. 215-1) is
ACCEPTED FOR FILING;

•

Cathy Hulshof’s Motion and Memorandum for Leave to Amend (Docket
No. 217) is GRANTED and that the proposed Amended Reply to Molly
Manners, LLC’s Amended Counterclaim (Docket No. 217-1) is
ACCEPTED FOR FILING;

•

Tanya Maclin’s Motion and Memorandum for Leave to Amend (Docket
No. 218) is GRANTED and that the proposed Amended Reply to Molly
Manners, LLC’s Amended Counterclaim (Docket No. 218-1) is
ACCEPTED FOR FILING;

•

April Rollins’s Motion and Memorandum for Leave to Amend (Docket No.
219) is GRANTED and that the proposed Amended Reply to Molly
Manners, LLC’s Amended Counterclaim (Docket No. 219-1) is
ACCEPTED FOR FILING; and

•

Molly Manners LLC’s Motion Pursuant to D.C.COLO.LCivR 7.2 to Restrict
Public Access to Certain Exhibits (Docket No. 212) is GRANTED IN
PART and DENIED IN PART. More specifically:
•

The Clerk of Court is DIRECTED TO RESTRICT AT LEVEL 1:
Docket No. 207-3; 207-5; and 207-9. The Court finds that the
parties’ interests in restricting access outweighs the presumption of
public access.

•

The motion is denied in all other respects.

As to the motions for leave to amend, Defendant Molly Manners LLC correctly
points out that the deadline for amending pleadings has passed and that none of the
moving parties have expressly addressed the applicable standards under Fed. R. Civ.
P. 16(b). However, the moving parties do note that they bring their motions promptly
upon discovering the factual basis for the amendments, an argument that does speak to
due-diligence standard under Rule 16(b). Further, beyond pointing out the missed
deadline, Defendant Molly Manners LLC takes no position on the motions, thereby
confessing them. Accordingly, the motions are granted.
Date: January 21, 2016