Dewey v. Lauer

Full title: JASON DEWEY, and ALICIA DEWEY, Plaintiff, v. DANIEL LAUER, Defendant

Court: United States District Court, D. Colorado

Date published: Nov 17, 2008

Civil Action No. 08-cv-01734-WYD-KLM (D. Colo. Nov. 17, 2008)

Opinion

Civil Action No. 08-cv-01734-WYD-KLM.

November 17, 2008

ORDER

KRISTEN MIX, Magistrate Judge

This matter is before the Court on Plaintiffs' Motion for Leave to File First Amended and Supplemental Complaint [Docket No. 18; Filed November 3, 2008] (the "First Motion to Amend"), Unopposed and Resubmitted Plaintiffs' Motion for Leave to File First Amended and Supplemental Complaint [Docket No. 24; Filed November 11, 2008] (the "Second Motion to Amend") and Unopposed Plaintiffs' First Motion to Extend Time for Defendant's Filing or Response to Plaintiff's [sic] First Amended and Supplemental Complaint [Docket No. 25; Filed November 11, 2008].

Plaintiffs request leave to file a First Amended Complaint. Fed.R.Civ.P. 15(a) provides for liberal amendment of pleadings. Leave to amend is discretionary with the court. Foman v. Davis, 371 U.S. 178, 182 (1962); Viernow v. Euripides Dev. Corp., 157 F.3d 785, 799 (10th Cir. 1998). Amendment under the rule has been freely granted. Castleglenn, Inc. v. Resolution Trust Company, 984 F.2d 1571 (10th Cir. 1993) (internal citations omitted). "Refusing leave to amend is generally only justified upon a showing of undue delay, undue prejudice to the opposing party, bad faith or dilatory motive, failure to cure deficiencies by amendments previously allowed, or futility of amendment." Frank v. U.S. West, Inc., 3 F.3d 1357, 1365 (10^th Cir. 1993). In their Second Motion to Amend, Plaintiffs indicate that additional events have taken place since the original Complaint was filed that necessitate the filing of an Amended Complaint, and that Defendant does not oppose the filing of a First Amended Complaint. Second Motion to Amend [#24] at 2. Accordingly, the Court finds that justice requires that Plaintiffs be allowed to file a First Amended Complaint.

IT IS HEREBY ORDERED that Unopposed and Resubmitted Plaintiffs' Motion for Leave to File First Amended and Supplemental Complaint [Docket No. 24; Filed November 11, 2008] is GRANTED. Plaintiffs' First Amended and Supplemental Complaint [Docket No. 18-2; Filed November 3, 2008] is accepted for filing as of the date of this Order.

IT IS FURTHER ORDERED that Unopposed Plaintiffs' First Motion to Extend Time for Defendant's Filing or Response to Plaintiff's [sic] First Amended and Supplemental Complaint [Docket No. 25; Filed November 11, 2008] is GRANTED. Defendant shall answer or otherwise respond to Plaintiffs' First Amended Complaint on or before December 3, 2008.

IT IS FURTHER ORDERED that Plaintiffs' Motion for Leave to File First Amended and Supplemental Complaint [Docket No. 18; Filed November 3, 2008] is DENIED AS MOOT.