The Estate of Breanna Vasquez v. City of Santa Fe Police Department et al

Filing 38

ORDER by Magistrate Judge William P. Lynch granting 28 Motion to Amend and denying as moot 26 Motion to Dismiss. Amended Complaint must be filed within seven days. (mej)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO THE ESTATE OF BREANNA VASQUEZ, Plaintiff, v. CV 16-1286 WPL/KK CITY OF SANTA FE POLICE DEPARTMENT, CITY OF SANTA FE, OFFICER MICHAEL DIMAS, OFFICER LUKAS WAKEFIELD, JOHN DOE #1, and JOHN DOE #2, Defendants. ORDER GRANTING MOTION TO AMEND AND DENYING AS MOOT MOTION TO DISMISS The Defendants filed an opposed partial motion to dismiss. (Doc. 26.) In response, the Estate of Breanna Vasquez moved to amend its complaint to address the Defendants’ concerns, as elucidated in the partial motion to dismiss. (Doc. 28.) The Estate then filed a Notice of Concurrence, stating that the Defendants had approved the motion to amend and the amended complaint. (Doc. 29.) The motion to amend is therefore granted. Furthermore, the amended complaint renders the motion to dismiss moot. The motion to dismiss is therefore denied as moot. The Estate must file its amended complaint within seven days from the date of entry of this Order. The Defendants will then have fourteen days to file an answer or other responsive pleading. It is so ordered. ____________________________ William P. Lynch United States Magistrate Judge

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