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Wodiuk v. Graziano

United States District Court, D. Colorado

January 5, 2016

HEIDI WODIUK, Plaintiff,
v.
CAITLIN GRAZIANO, Defendant.

Sean Lane Ellen Stewart LeeAnn Morrill Grant Sullivan

COURTROOM MINUTES/MINUTE ORDER

Craig B. Shaffer, Magistrate Judge

HEARING: STATUS CONFERENCE

Court in session: 02:34 p.m.

Court calls case. Appearances of counsel.

ORDERED:

[87] Amended Complaint and [92] Second Amended Complaint are STRICKEN for failure to comply with Fed. R. Civ. 15(a)(2) which requires that a party affirmatively move for leave to amend if more than 21 days has passed since the filing of a responsive pleading.

Discussion regarding the allegations in Plaintiff’s proposed amended pleadings and court proceedings involving Ms. Wodiuk other courts. The court advised that while Ms. Wodiuk can proceed pro se in this case, she cannot represent her minor child.

ORDERED:

To the extent the Plaintiff wants to amend the pleading in this case, a motion for leave to amend with an attached proposed amended complaint shall be filed on or before February 5, 2016.

Further discussion regarding various pending motions to quash. The court noted that discovery under Fed.R.Civ.P. 45 is subject to the same relevance standard set forth in Fed.R.Civ.P. 26(b)(1). The subpoenas addressed in the pending motions to quash are primarily directed to claims and allegations asserted in the Amended Complaint and Second Amended Complaint that were struck by the court. The Plaintiff was advised that the motions to quash would be granted without prejudice to Ms. Wodiuk’s right to pursue further discovery if a future motion for leave to amend is granted.

ORDERED:

[72] Motion to Quash A Subpoena to Produce is GRANTED without prejudice.
[78] Non-Party Colorado Center for Orthopaedic Excellence’s Motion to Quash Subpoenas is ...

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