Price v. 1st Rate Energy Services, Inc. et al

Filing 32

MINUTE ORDER; 30 Plaintiffs Unopposed Motion for Leave to FileFirst Amended Complaint is GRANTED. IT IS FURTHER ORDERED that the Clerk of the Court shall accept Plaintiffs First Amended Collective Action Complaint [30-1] for filing as of the date of this Order, by Magistrate Judge Kristen L. Mix on 10/21/15.(morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00745-WYD-KLM
ALEXANDER PRICE, individually and on behalf of all others similarly situated,
Plaintiff,
v.
1ST RATE ENERGY SERVICES, INC. and
TANDEM PROFESSIONAL EMPLOYER SERVICES, INC.,
Defendants.
______________________________________________________________________
MINUTE ORDER
______________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Unopposed Motion for Leave to File
First Amended Complaint [#30]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 [#30] is GRANTED.
IT IS FURTHER ORDERED that the Clerk of the Court shall accept Plaintiff’s First
Amended Collective Action Complaint [#30-1] 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 Defendants shall answer or otherwise respond to
the First Amended Collective Action Complaint in accordance with Fed. R. Civ. P. 15(a)(3).
Dated: October 21, 2015
1

“[#30]” 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.