Eames v. USA, No. 1:2013cv00040 - Document 10 (D. Utah 2013)

Court Description: MEMORANDUM DECISION granting 5 Motion to Amend/Correct ; finding as moot 6 Motion for Extension of Time to Answer. Plaintiff shall file his second amended complaint no later than July 12, 2013. Defendant must answer or otherwise respond to Plaintiffs second amended complaint no later than sixty (60) days from the date Plaintiff files it. Signed by Magistrate Judge Dustin B. Pead on 06/25/2013. (asp)
Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, NORTHERN DIVISION BRADY EAMES, Plaintiff, MEMORANDUM DECISION v. Case No. 1:13-cv-00040-DBP UNITED STATES OF AMERICA, Magistrate Judge Dustin B. Pead Defendant. I. INTRODUCTION This matter is pending consent before the Court. (Docket No. 8.) On February 22, 2013, Plaintiff filed his original complaint against Defendant. (Dkt. No. 1.) On May 15, 2013, Plaintiff amended his complaint once as a matter of course. (Dkt. No. 2.) The Court considers Plaintiff s motion to again amend his complaint (Dkt. No. 5), and Defendant s motion for an extension of time to answer the complaint on file (Dkt. No. 6). For the reasons below, the Court GRANTS Plaintiff s motion, and finds Defendant s motion MOOT. II. PLAINTIFF S MOTION TO AMEND COMPLAINT On May 30, 2013, Plaintiff moved to file a second amended complaint. (Dkt. No. 5.) Defendant s time to respond to this motion expired on June 14, 2013. See DUCivR 7-1(b)(3)(B) ( A memorandum opposing any motion . . . must be filed within fourteen (14) days after service of the motion . . . . ). Because Defendant has not responded to Plaintiff s motion to amend his Page 1 of 2 complaint, the Court GRANTS it. (Dkt. No. 5.) See DUCivR 7-1(d) ( Failure to respond timely to a motion may result in the court s granting the motion without further notice. ). III. DEFENDANT S MOTION FOR EXTENSION Because the Court grants Plaintiff s motion to file a second amended complaint, the Court deems MOOT Defendant s motion for an extension of time to answer the first amended complaint. (Dkt. No. 6.) IV. ORDERS For the reasons above, the Court issues the following ORDERS: The Court GRANTS Plaintiff s motion to amend his complaint. (Dkt. No. 5.) The Court ORDERS Plaintiff to file his second amended complaint no later than July 12, 2013. Defendant must answer or otherwise respond to Plaintiff s second amended complaint no later than sixty (60) days from the date Plaintiff files it. The Court deems MOOT Defendant s motion for an extension of time to answer the first amended complaint. (Dkt. No. 6.) Dated this 25th day of June, 2013. By the Court: Dustin B. Pead United States Magistrate Judge Page 2 of 2