Granite Southlands Town Center LLC v. Alberta Town Center

Full title: GRANITE SOUTHLANDS TOWN CENTER LLC, Plaintiff, v. ALBERTA TOWN CENTER, LLC…

Court: United States District Court, D. Colorado

Date published: Sep 8, 2009

Civil Action No. 09-cv-00799-ZLW-KLM (D. Colo. Sep. 8, 2009)

Opinion

Civil Action No. 09-cv-00799-ZLW-KLM.

September 8, 2009

ORDER

ZITA WEINSHIENK, Senior District Judge

The matter before the Court is Plaintiff's First Amended Complaint, filed September 4, 2009 (Doc. No. 29). Pursuant to Fed.R.Civ.P. 15, a party may amend a pleading without Court order either before being served with a responsive pleading or with the opposing party's written consent.¹ Defendants have filed responsive pleadings in this case, ² and have not consented in writing to the proposed amended pleading. Plaintiff did not, however, file a motion for leave to amend the Complaint. Magistrate Judge Mix's August 21, 2009, Minute Order extending the deadline for amending pleadings did not dispose of the requirements of Fed.R.Civ.P. 15. Accordingly, it is

1 See Fed.R.Civ.P. 15(a)(1)(A), (a)(2).

2 See Doc. Nos. 6, 7,

ORDERED that Plaintiff's First Amended Complaint (Doc. No. 29) is stricken.