Opinion
Civil Action No. 12-cv-03228-RBJ-KMT
02-15-2013
BRIAN EDMOND BATH, Real Party in Interest under injury Sui Juris, Plaintiff, v. RJM ACQUISITIONS LLC, JAMIE ROZANSKY, 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. 11, 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. 11) is DENIED as moot. The Clerk shall file the Statement of Facts and Exhibits (Doc. Nos. 11-1 through 11-7, and docket the document as an Amended Complaint and Exhibits.
As "Defendants' Motion to Dismiss" (Doc. No. 9, 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. 12, 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.