Raguindin et al v. Yates et al

Filing 21

MINUTE ORDER granting 19 Motion to Amend/Correct/Modify. On or before 05/22/2015, Plaintiffs shall file a Notice attaching the Redline described in D.C.COLO.LCivR 15.1(a). The Scheduling Conference set for 06/29/2015 at 9:30 AM is VACATED and RESET to 8/3/2015 at 10:30 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix. By Magistrate Judge Kristen L. Mix on 05/15/2015. (athom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00635-CMA-KLM
JOEL RAGUINDIN, and
JENNA FOX,
Plaintiffs,
v.
MICHAEL YATES, individually,
JASON PHIPPS, individually,
MIKE PARKOS, individually,
PATRICK HAUGSE, individually, and
CHIEF OF POLICE RICK BRANDT, in his official capacity,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiffs’ Unopposed Motion to Amend
Complaint and Add Weld County Related Defendants, Extend the Time for Answer
and Reset the Scheduling Conference With Certificate of Conferral [#19]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, the Court
will address the merits of the Motion.
The Motion is unopposed. Motion [#19] at 1. Therefore, to the extent the Motion
seeks leave to file a Second Amended Complaint, the Motion is granted pursuant to Fed.
R. Civ. P. 15(a)(2). To the extent the Motion asks the Court to reset the June 29, 2015
Scheduling Conference, id. at 2, it is granted for good cause shown. Accordingly,

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“[#19]” 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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IT IS HEREBY ORDERED that the Motion [#19] is GRANTED.
IT IS FURTHER ORDERED that the Clerk of the Court shall accept Plaintiff’s
Second Amended Complaint [#19-1] for filing as of the date of this Order.
IT IS FURTHER ORDERED that Defendants who have been served and any newly
added Defendants shall answer or otherwise respond to the Second Amended Complaint
on or before May 30, 2015.
IT IS FURTHER ORDERED that, on or before May 22, 2015, Plaintiffs shall file a
Notice attaching the Redline described in D.C.COLO.LCivR 15.1(a).
IT IS FURTHER ORDERED that the Scheduling Conference set for June 29, 2015
at 9:30 a.m. is VACATED and RESET to August 3, 2015 at 10:30 a.m. in Courtroom A401 of the Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado.
IT IS FURTHER ORDERED that the parties shall submit their proposed scheduling
order pursuant to the District of Colorado Electronic Case Filing (“ECF”) Procedures. The
parties shall submit the proposed scheduling order no later than July 27, 2015.
Dated: May 15, 2015

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