Opinion
Civil Action No. 07-cv-00080-MSK-PAC.
April 23, 2007
ORDER
This is a wrongful death action arising under the court's diversity jurisdiction, 28 U.S.C. § 1332. The matter before the court is Plaintiffs' Unopposed Motion to Amend Complaint (Doc. #5), filed April 19, 2007.
Plaintiffs request leave to amend their complaint to withdraw their claim for exemplary damages as premature under COLO. REV. STAT. ("C.R.S.) § 13-21-102(1.5)(a). The statute states: "A claim for exemplary damages may not be included in any initial claim for relief." Instead, the plaintiffs may amend their complaint to request exemplary damages after establishing prima facie proof of a triable issue. Id. Accordingly, it is
HEREBY ORDERED that Plaintiffs' Unopposed Motion to Amend Complaint (Doc. #5), filed April 19, 2007, is GRANTED as follows: Plaintiffs' request for exemplary damages is dismissed without prejudice. Plaintiffs may seek leave to amend their pleading at a later date to include a claim for exemplary damages, in compliance with § 13-21-102(1.5)(a), C.R.S. It is
FURTHER ORDERED that Plaintiffs' Amended Complaint, attached to their Unopposed Motion to Amend Complaint (Doc. #5), shall be filed this date.