Marotta v. Cortez

Full title: MICHAEL MAROTTA, Plaintiff, v. CORTEZ, individually and in his official…

Court: United States District Court, D. Colorado

Date published: Feb 25, 2009

Civil Action No. 08-cv-02421-CMA-CBS (D. Colo. Feb. 25, 2009)

Opinion

Civil Action No. 08-cv-02421-CMA-CBS.

February 25, 2009

ORDER

CRAIG SHAFFER, Magistrate Judge

This civil action comes before the court on Mr. Marotta's "Motion to Leave to File Fourth Amended Complaint" (filed February 24, 2009) (doc. # 38). Pursuant to the Order of Reference dated November 12, 2008 (doc. # 10) and the memorandum dated February 24, 2008 (doc. # 40), the Motion was referred to the Magistrate Judge.

At the hearing held on February 17, 2009, the court granted Mr. Marotta permission to file his Fourth Amended Complaint and directed Defendants to answer or otherwise respond to the Fourth Amended Complaint within twenty (20) days of its filing. Accordingly, IT IS ORDERED that:

1. Mr. Marotta's "Motion to Leave to File Fourth Amended Complaint" (filed February 24, 2009) (doc. # 38) is DENIED as unnecessary.

2. The Fourth Amended Complaint (doc. # 39) is accepted for filing as of February 24, 2009.

3. Defendants Cortez, Black, the Denver Police Department, and the City and County of Denver may answer or otherwise respond to the Fourth Amended Complaint on or before March 17, 2009.

4. Mr. Marotta is responsible for serving the summons and Fourth Amended Complaint on Defendants Rocco-McKeel and Soran, who have not been previously named in or served with this civil action, on or before March 17, 2009.

5. Defendants Rocco-McKeel and Soran shall answer or otherwise respond to the Fourth Amended Complaint within twenty (20) days after service of the summons and Fourth Amended Complaint on them.