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Bath v. Midland Credit Mgmt. Inc.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Feb 15, 2013
Civil Action No. 12-cv-03225-RBJ-KMT (D. Colo. Feb. 15, 2013)

Opinion

Civil Action No. 12-cv-03225-RBJ-KMT

02-15-2013

BRIAN EDMOND BATH, Real Party in Interest under injury, Plaintiff, v. MIDLAND CREDIT MANAGEMENT INC, PAUL J. GRINBERG, and JOHN AND JANE DOES (1-100), Defendants.


Magistrate Judge Kathleen M. Tafoya


MINUTE ORDER

ORDER ENTERED BY MAGISTRATE JUDGE KATHLEEN M. TAFOYA

This matter is before the court on "Plaintiff's Motion in Support of Motion for Leave to File Amended Pleading" (Doc. No. 14, filed January 2, 2013). Plaintiff's motion is unnecessary, as, pursuant to Fed. R. Civ. P. 15(a)(1), he could have filed his amended complaint as a matter of course. Therefore, the Motion for Leave to File Amended Pleading (Doc. No. 14) is DENIED as moot. The Clerk shall file the Statement of Facts and Exhibits (Doc. Nos. 14-1 through 14-4, and docket as the document as an Amended Complaint and Exhibits.

As "Defendants' Motion to Dismiss" (Doc. No. 11, filed December 21, 2012) is directed at the now non-operative complaint, it is DENIED as moot. Defendants may answer or otherwise respond to the Amended Complaint no later than March 5, 2013.

It is unclear whether Plaintiff's Motion for Summary Judgment (Doc. No. 13, filed January 2, 2013) is directed at the now non-operative complaint or the Amended Complaint. Therefore, it is DENIED without prejudice. Plaintiff may refile his Motion for Summary Judgment directed at the Amended Complaint.


Summaries of

Bath v. Midland Credit Mgmt. Inc.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Feb 15, 2013
Civil Action No. 12-cv-03225-RBJ-KMT (D. Colo. Feb. 15, 2013)
Case details for

Bath v. Midland Credit Mgmt. Inc.

Case Details

Full title:BRIAN EDMOND BATH, Real Party in Interest under injury, Plaintiff, v…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Feb 15, 2013

Citations

Civil Action No. 12-cv-03225-RBJ-KMT (D. Colo. Feb. 15, 2013)