Carbajal v. Watada

-1-
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-03231-REB-KLM
VICTORIA CARBAJAL,
DEAN CARBAJAL, and
LUIS LEAL,
Plaintiffs,
v.
MITCHELL R. MORISSEY, District Attorney for the Second Judicial District, in his official
and individual capacities,
JEFFREY WATTS, Investigator for the Second Judicial District, in his official and individual
capacities,
ROBERT FULLER, Investigator for the Second Judicial District, in his official and individual
capacities,
REBEKAH MELNICK, Deputy District Attorney for the Second Judicial District, in her official
and individual capacities,
LARA MULLIN, Deputy District Attorney for the Second Judicial District, in her official and
individual capacities,
MILES FLESCHE, District Administrator and Clerk for the Second Judicial District, in his
official and individual capacities,
KEITH CRISWELL, Deputy Court Clerk for the Second Judicial District, in his official and
individual capacities,
ANNE MANSFIELD, District Court Judge for the Second Judicial District, in her official and
individual capacities,
KEEFER, Deputy Sheriff for the Denver Detention Center, in his official and individual
capacities,
MICHAEL SIMPSON, Detective for the Denver Police Department, in his official and
individual capacities,
JAY LOPEZ, Detective for the Denver Police Department, in his official and individual
capacities,
RICHARD HAGAN, Detective for the Denver Police Department, in his official and
individual capacities,
CAROL DWYER, a co-conspirator with the Second Judicial District Attorney’s Office, in her
official and individual capacities,
WELLS FARGO, a corporation,
BRIAN BERARDINI, a co-conspirator with the Second Judicial District Attorney’s Office,
in his individual capacity, and
JOHN SUTHERS, Attorney General for the State of Colorado, in his official and individual
capacities,
Defendants.
Case No. 1:12-cv-03231-PAB-KLM Document 109 filed 06/21/13 USDC Colorado
pg 1 of 2

-2-
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Motion for Leave to File Third
Amended Complaint Pursuant to the Court’s Order [DOC #89] [Docket No. 92; Filed
May 30, 2013] (the “Motion to Amend”) and on Defendants Keefer, Simpson, Lopez, and
Hagan’s Motion to Extend Time to Answer or Otherwise Plead [Docket No. 106; Filed
June 14, 2013] (the “Motion for Extension”). On June 17, 2013, Defendant Marie Williams
(“Williams”) filed a Response [#108] in opposition to Plaintiff’s Motion to Amend.
In the Motion to Amend [#92], Plaintiffs seek leave of Court to file a Third Amended
Complaint [#90]. However, Plaintiff need not seek leave of Court to file a Third Amended
Complaint because the Court ordered him to do so on April 23, 2013. Order [#89]. Thus,
Plaintiff’s Third Amended Complaint [#90] is currently the live complaint in this matter.
Accordingly,
IT IS HEREBY ORDERED that the Motion to Amend [#92] is DENIED as moot.
IT IS FURTHER ORDERED that the Motion for Extension [#106] is GRANTED.
Defendants Keefer, Simpson, Lopez, and Hagan shall file an answer or other response to
Plaintiff’s Third Amended Complaint on or before July 8, 2013.
Dated: June 21, 2013
Case No. 1:12-cv-03231-PAB-KLM Document 109 filed 06/21/13 USDC Colorado
pg 2 of 2