Opinion
Civil Action No. 11-cv-00974-REB-KLM
04-04-2012
OJORE N. LUTALO, Plaintiff, v. NATIONAL RAILROAD PASSENGER CORPORATION ("AMTRAK"), LENINOVA FAYDO, in her official and individual capacities, and JAMES BULLERWELL, II, in his official and individual capacities, Defendants.
MINUTE ORDER
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff's Unopposed Motion for Leave to File Third Amended Complaint [Docket No. 60; Filed April 3, 2012] (the "Motion"). Plaintiff seeks leave to amend the Second Amended Complaint to "properly word the assertion of jurisdiction under 28 U.S.C. § 1332 so as to specifically state that the court has jurisdiction over the state claims under that statute." Motion [#60] at 1-2. Plaintiff also seeks to withdraw his Bivens claim against Defendant Amtrak. See id. at 2. Plaintiff asserts that Defendants do not oppose these modifications. See id.
IT IS HEREBY ORDERED that the Motion [#60] is GRANTED.
IT IS FURTHER ORDERED that the Court accepts Plaintiff's Third Amended Complaint [#60-1] for filing as of the date of this Minute Order. Defendants shall answer or otherwise respond on or before April 13, 2012.