PUBLIC SERVICE COMPANY OF COLORADO v. SEA WEST WYOMING

Full title: PUBLIC SERVICE COMPANY OF COLORADO d/b/a EXCEL ENERGY, Plaintiff, v. SEA…

Court: United States District Court, D. Colorado

Date published: Apr 18, 2008

Civil Action No. 07-cv-02076-RPM (D. Colo. Apr. 18, 2008)

Opinion

Civil Action No. 07-cv-02076-RPM.

April 18, 2008

ORDER GRANTING LEAVE TO FILE SECOND AMENDED COMPLAINT

RICHARD MATSCH, District Judge

On April 18, 2008, the plaintiff filed a Motion for Leave to File Second Amended Complaint, seeking to add additional parties as defendants, based on discovery obtained after the scheduling conference of January 28, 2008. Plaintiff's counsel recites that counsel for defendants may have objection to the motion. No second amended complaint was tendered with the motion and the Court is therefore uncertain with respect to the basis for the plaintiff's allegations of liability against other defendants. The sufficiency of such allegations may be tested by a motion to dismiss rather than opposition to the motion to amend. Accordingly, it is

ORDERED that the Motion to File Second Amended Complaint is granted and the plaintiff shall have to and including April 25, 2008, within which to file its second amended complaint.