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Insurance | Colorado
Order on Motion for Leave
MINUTE ORDER: The plaintiffs' Unopposed Motion and Memorandum for Leave to File First Amended Complaint, ECF No. 16 , is DENIED without prejudice. The motion indicates that the defendants do not oppose the plaintiffs' request to file an amended complaint. Id. at 2. Pursuant to Fed. R. Civ. P. 15(a) (2), the plaintiffs may amend "with the opposing party's written consent or the court's leave." Here, they have the defendants' consent. Accordingly, no Court order is needed. However, in addition to seeking leave to amend, the motion also states that "[t]he dismissal of Defendant American Family Mutual Insurance Company SI is with prejudice." ECF No. 16 at 2. Rule 15 cannot accomplish that goal. If the parties intend to stipulate to a dismissal with prejudice of a defendant, they may do so under Rule 41(a)(1)(A). Because it is unclear whether the plaintiffs wish to seek relief under Rule 41 or Rule 15, the Court is denying the motion without prejudice to allow them to clarify the relief sought. In the event the plaintiffs wish to seek relief under Rule 15, the Court directs them to D.C.COLO.LCivR 15.1(a), which requires filing a notice that attaches an exhibit. Entered by Magistrate Judge Cyrus Y. Chung on 06/23/2026. Text Only Entry.(agryan)
Order Referring Motion
ORDER REFERRING MOTION:
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