Summary
The United States District Court for the District of Colorado granted the plaintiff’s motion for leave to file a Second Amended Complaint under Federal Rule of Civil Procedure 15(a). The court found no undue delay, prejudice, or need to deny amendment as futile, and denied the defendant’s motion to dismiss as moot.
Holdings
- Leave to amend should be granted because the record did not show undue delay, undue prejudice, or futility, and the amendment was warranted under Rule 15(a)(2).
- The defendant's partial motion to dismiss was denied as moot because the amended complaint supplanted and superseded the complaint targeted by the motion.
Questions Presented
- Whether plaintiff should be granted leave to file a Second Amended Complaint under Federal Rule of Civil Procedure 15(a)(2).
- Whether defendant's partial motion to dismiss became moot when the amended complaint was filed or accepted for filing.
Disposition
other
Cases Cited (11)
- Foman v. Davis, 371 U.S. 178, 182 (1962)(followed)
- Carr v. Hanley, No. 09-cv-01677-WYD-KLM, 2009 WL 4693870, at *1 (D. Colo. Dec. 3, 2009)(followed)
- Calderon v. Kansas Dep't of Soc. & Rehab. Servs., 181 F.3d 1180, 1186 (10th Cir. 1999)(followed)
- Bylin v. Billings, 568 F.3d 1224, 1229 (10th Cir. 2009)(followed)
- Frank v. U.S. West, Inc., 3 F.3d 1357, 1365-66 (10th Cir. 1993)(followed)
- Jordan West Cos. Ltd. v. Native Rank, Inc., No. 18-cv-02165-RM-NRN, 2019 WL 3936984, at *2 (D. Colo. Aug. 5, 2019)(followed)
- Minter v. Prime Equip. Co., 451 F.3d 1196, 1208 (10th Cir. 2006)(followed)
- Childers v. Indep. Sch. Dist. No. 1 of Bryan Cnty., 676 F.2d 1338, 1343 (10th Cir. 1982)(followed)
- Jefferson Cnty. Sch. Dist. No. R-1 v. Moody's Investor's Servs., Inc., 175 F.3d 848, 859 (10th Cir. 1999)(followed)
- General Steel Domestic Sales, LLC v. Steel Wise, LLC, 2028 WL 2520423, at *4 (D. Colo. June 20, 2008)(followed)
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Cited In (0)
No citing cases on record yet.
Court Document
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