SMITH v. PIZZA HUT, INC.

Full title: MARK SMITH, individually and on behalf of other similarly situated…

Court: United States District Court, D. Colorado

Date published: Aug 10, 2010

Civil Action No. 09-cv-01632-CMA-BNB (D. Colo. Aug. 10, 2010)

Opinion

Civil Action No. 09-cv-01632-CMA-BNB.

August 10, 2010

ORDER

BOYD BOLAND, Magistrate Judge

This matter arises on the following:

(1) Plaintiff's Motion for Leave to Amend Complaint [Doc. # 131, filed 7/20/2010] (the "Motion to Amend"); and

(2) Pizza Hut's Unopposed Motion to Seal Exhibit B to the Declaration of Shelley D. Cordova In Support of Pizza Hut's Opposition to Plaintiffs' Motion for Leave to Amend Complaint [Doc. # 139, filed 8/4/2010] (the "Motion to Seal").

Also pending is:

(3) Pizza Hut's Rule 12(b)(6) Motion [Doc. # 106, filed 4/23/2010] (the "Motion to Dismiss").

I held a hearing on the motions yesterday 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. # 131) is GRANTED. The Clerk of the Court shall accept for filing the Second Amended Complaint [Doc. # 131-1]. The defendant shall answer or otherwise respond to the Second Amended Complaint on or before September 8, 2010.

IT IS FURTHER ORDERED that the Motion to Seal [Doc. # 139] is GRANTED.

IT IS FURTHER ORDERED that the Motion to Dismiss [Doc. # 106] is DENIED AS MOOT and without prejudice in view of the filing of the Second Amended Complaint.