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MORADI v. ESTATE OF PFEIFF, 13-cv-01447-WJM-KLM. (2014)

Court: District Court, D. Colorado Number: infdco20140801e55 Visitors: 2
Filed: Jul. 07, 2014
Latest Update: Jul. 07, 2014
Summary: RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE KRISTEN L. MIX, Magistrate Judge. This matter is before the Court on Plaintiffs' Unopposed Motion to Amend First Amended Complaint [#97] 1 (the "Motion"). Pursuant to 28 U.S.C. 636(b)(1) and D.C.COLO.LCivR 72.1(c), the Motion has been referred to this Court for a recommendation regarding disposition [#98]. For the reasons set forth below, the Court RECOMMENDS that the Motion [#97] be GRANTED. The Motion is unopposed and is filed pursua
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RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

KRISTEN L. MIX, Magistrate Judge.

This matter is before the Court on Plaintiffs' Unopposed Motion to Amend First Amended Complaint [#97]1 (the "Motion"). Pursuant to 28 U.S.C. § 636(b)(1) and D.C.COLO.LCivR 72.1(c), the Motion has been referred to this Court for a recommendation regarding disposition [#98]. For the reasons set forth below, the Court RECOMMENDS that the Motion [#97] be GRANTED.

The Motion is unopposed and is filed pursuant to Fed. R. Civ. P. 15(a)(2) with the consent of the opposing parties. The unopposed amendment seeks, among other things, to eliminate the first cause of action included in Plaintiffs' First Amended Complaint and Jury Demand [#65]. See Motion, Ex. A [#97-1] at 27-28 (redline showing deletion of first cause of action). A magistrate judge may issue orders on nondispositive motions only. Ocelot Oil Corp. v. Sparrow Indus., 847 F.2d 1461, 1462-63 (10th Cir. 1988). Whether motions to amend are dispositive is an unsettled issue. Chavez v. Hatterman, No. 06-02525-WYD-MEH, 2009 WL 82496, at *1 (D. Colo. Jan. 13, 2009) (collecting cases). When an order on a motion to amend removes or precludes a defense or claim from the case it may be dispositive. Cuenca v. Univ. of Kan., 205 F.Supp.2d 1226, 1228 (D. Kan. 2002). Thus, although the Motion is unopposed, the Court assumes that the issue is dispositive and requires a recommendation. Accordingly,

IT IS HEREBY RECOMMENDED that the Motion [#97] be GRANTED and that Plaintiffs' Second Amended Complaint and Jury Demand [#97-2] be accepted for filing.

IT IS FURTHER ORDERED that pursuant to Fed. R. Civ. P. 72, the parties shall have fourteen (14) days after service of this Recommendation to serve and file any written objections in order to obtain reconsideration by the District Judge to whom this case is assigned. A party's failure to serve and file specific, written objections waives de novo review of the Recommendation by the District Judge, Fed. R. Civ. P. 72(b); Thomas v. Arn, 474 U.S. 140, 147-48 (1985), and also waives appellate review of both factual and legal questions. Makin v. Colo. Dep't of Corr., 183 F.3d 1205, 1210 (10th Cir. 1999); Talley v. Hesse, 91 F.3d 1411, 1412-13 (10th Cir. 1996). A party's objections to this Recommendation must be both timely and specific to preserve an issue for de novo review by the District Court or for appellate review. United States v. One Parcel of Real Prop., 73 F.3d 1057, 1060 (10th Cir. 1996).

FootNotes


1. "[#97]" is an example of the convention I use to identify the docket number assigned to a specific paper by the Court's case management and electronic case filing system (CM/ECF). I use this convention throughout this Recommendation.
Source:  Leagle

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