Opinion
Civil Action No. 09-cv-02388-REB-BNB.
July 13, 2010
ORDER
This matter arises on the plaintiff's Motion for Leave to File Second Amended Complaint [Doc. # 33, filed 6/28/2010] (the "Motion to Amend"). Also pending is the defendant's Motion to Dismiss [Doc. # 23, filed 4/1/2010].
I held a hearing on these matters this morning and made rulings on the record, which are incorporated here. In summary and for the reasons stated on the record:
IT IS ORDERED that the Motion to Amend [Doc. # 33]is GRANTED. The Clerk of the Court is directed to accept for filing the Second Amended Complaint [Doc. # 33-1].
IT IS FURTHER ORDERED that the Motion to Dismiss [Doc. # 23] is DENIED WITHOUT PREJUDICE in view of the filing of the Second Amended Complaint.