Schaden v. DIA Brewing Co.
Annotate this CasePlaintiff DIA Brewing Co., LLC contended that after the district court entered an order dismissing this action pursuant to C.R.C.P.12(b)(1), C.R.C.P. 15(a) gave DIA Brewing the right to amend its complaint as a matter of course and without leave of the court or the consent of defendants because no responsive pleading had been filed. Defendants MCE-DIA, LLC, Midfield Concessions Enterprises, Inc., Andrea Hachem, Noureddine “Dean” Hachem, Samir Mashni, Simrae Solutions LLC, Sudan I. Muhammad, Pangea Concessions Group LLC, Niven Patel, Rohit Patel, and Richard Schaden (collectively, “MCE-DIA”), contended that the C.R.C.P. 12(b)(1) dismissal resulted in a final judgment that cut off DIA Brewing’s right to amend as a matter of course under C.R.C.P. 15(a). Thus, MCE-DIA contended that if DIA Brewing wanted to amend, it was required to seek leave of the court or to obtain MCE-DIA’s written consent. The Colorado Supreme Court granted certiorari to resolve this dispute. Reading C.R.C.P. 15(a) harmoniously with C.R.C.P. 59 and C.R.C.P. 60, the Court concluded a final judgment cuts off a plaintiff’s right to file an amended complaint as a matter of course under C.R.C.P. 15(a). Under the facts of this case, the Court concluded, contrary to the district court, that the amended pleading was not futile but rather stated viable claims for relief. The case was remanded to the district court with instructions to accept DIA Brewing's amended complaint for filing, after which MCE-DIA could respond in the ordinary course.
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