Order | Filed: September 18, 2026
| Entered: September 18, 2026
Doe v. Boulder Community Health et al
Personal Inj. Med. Malpractice | Colorado
Order on Motion for Order Order on Motion to Amend/Correct/Modify
ORDER by Magistrate Judge Susan Prose on 09/18/2026. This matter is before the court pursuant to Plaintiff's (opposed) 36 Motion for Leave to File Second Amended Complaint and 65 Motion for Leave to Proceed Under a Pseudonym. Having carefully reviewed Plaintiff's motions and all related briefing, it is ORDERED:
The court GRANTS the 36 Motion for Leave to Amend. Although Defendants emphasize Plaintiff's multiple attempts to amend and the evolving nature of her proposed pleadings (ECF No. 47 at 2-3; ECF No. 44 at 1-2), Plaintiff provides an explanation for the timing of the amendment — namely, that the proposed Second Amended Complaint incorporates newly obtained factual information, including medical records and expert consultation, and reflects efforts to refine the claims following removal. ECF No. 36 at 23, 5; ECF No. 60 at 23. At this stage of the litigation, and in light of that explanation, the court cannot conclude that the delay is undue within the meaning of Foman v. Davis, 371 U.S. 178, 182 (1962). Defendants' arguments regarding prejudice — that the complaint will require them to reevaluate defenses and prepare new responsive pleadings, will complicate scheduling, and will increase litigation costs, see ECF No. 44 at 2-3; ECF No. 47 at 1, 4-5; ECF No. 49 at 2-3 —reflect the type of burden inherent in virtually every amendment. The Tenth Circuit has made clear that such burdens, standing alone, do not justify denial of leave to amend. See Minter v. Prime Equip. Co., 451 F.3d 1196, 1207-08 (10th Cir. 2006). Nor does the length and detail set forth in the proposed Second Amendment Complaint render it deficient under Federal Rule of Civil Procedure 8. The proposed pleading is structured by parties and claims, the causes of action are separately labeled, and the factual allegations are presented in a generally chronological and thematic manner. See, e.g., ECF No. 36-1 at 7-14, 85-93. While Defendants argue that certain allegations are irrelevant or difficult to follow, those arguments go to the sufficiency or relevance of particular allegation, not to whether the complaint provides fair notice. And Defendants' futility arguments are more appropriately tested through a motion to dismiss directed to the operative pleading, where the issues can be addressed with focused briefing and, if necessary, a more developed record. Finally, the court finds no basis to countenance Defendants' argument that Plaintiff has acted in bad faith in seeking amendment. ECF No. 44 at 6-7; ECF No. 47 at 6; ECF No. 49 at 2-3. While Defendants characterize Plaintiff's revisions as excessive, the procedural history reflects ongoing refinement of the pleadings rather than bad faith or abuse of the amendment process.
The Clerk's Office is requested to detach and refile ECF No. [36-1] as the Second Amended Complaint. Defendants shall answer or otherwise respond to the Second Amended Complaint within the time permitted by the Federal Rules of Civil Procedure and the Local Rules of Practice of this Court. Within twenty one (21) days of the filing of the Second Amended Complaint, the parties shall confer and submit a joint status report and proposed scheduling order (including a Word version to Prose_Chambers@cod.uscourts.gov), consistent with any prior orders of this court.
Further, for good cause shown, Plaintiff's 65 Motion for Leave to Proceed Under a Pseudonym is GRANTED. All captions and filings shall refer to Plaintiff as "Jane Doe" in all future Court filings. If it is necessary to file a document with the Court bearing Plaintiff's true name, such a document shall be filed under Level One Restriction pursuant to D.C.COLO.LCivR 7.2 such that it is viewable by the Court and parties only, and a redacted copy of the document shall be filed on the publicly available docket.
Objections to this order are due within fourteen days. Fed. R. Civ. P. 72(a). Text Only Entry(sjeff)