Sumer Sorensen-Bain and Shane Barber v. Vereo Group Inc., a Utah Corporation

Summary

The United States District Court for the District of Colorado grants Plaintiffs’ motion for leave to file a first amended complaint under Federal Rule of Civil Procedure 15. The court also denies as moot Plaintiffs’ motion for default judgment against Vereo Group, Inc. and directs the Clerk to set aside the prior entry of default because the amended complaint supersedes the original complaint.

Holdings

1. Leave to amend should be granted because no objection was filed and the record did not establish undue delay, undue prejudice, or futility.
2. Filing an amended complaint renders moot a motion for default judgment based on the original complaint.

Questions Presented

1. Whether plaintiffs should be granted leave to file a first amended complaint under Federal Rule of Civil Procedure 15(a)(2).
2. Whether the proposed amendment was barred by undue delay, undue prejudice, or futility.
3. Whether plaintiffs' motion for default judgment became moot when the court granted leave to file an amended complaint.
4. Whether the entry of default against Vereo should be set aside after the original complaint was superseded by the amended complaint.

Disposition

other