IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Magistrate Judge Craig B. Shaffer

Civil Action: 11-cv-02333-LTB-CBS FTR - Reporter Deck-Courtroom A402

Date: July 31, 2012 Courtroom Deputy: Robin Mason

Parties: Counsel:

LaFaye Adams

Plaintiff,

Pro Se

v.

FEDEX GROUND PACKAGE SYSTEM,

INC., et al.,

Defendants.

Mark Thomas Clouatre

Thomas Eilif Miller Werge

COURTROOM MINUTES/MINUTE ORDER

HEARING: MOTION HEARING

Court in Session: 10:47 a.m.

Court calls case. Appearances of counsel. Ms. LaFaye Adams appears as pro se.

The court addresses the parties regarding the Plaintiff's MOTION to Strike Defendant's Untimely

Response to Plaintiff's Amended Complaint (re: #26 MOTION to Dismiss Plaintiff's Second

Amended Complaint) (Docket NO. 29, filed on 6/22/2012), the plaintiff’s MOTION for Default

Judgment Against Separate Defendant FedEx Ground Package System, Inc. (Docket No. 30, filed

on 6/22/2012), and the defendant’s MOTION for Extension of Time to File Answer or Otherwise

Respond re #23 Amended Complaint (Docket No. 33, filed on 6/29/2012).

Ms. Adams presents oral argument. Ms. Adams cites case law. Discussion between the court and

Ms. Adams regarding Rule 12 (a defendant must either file an answer or file a motion to dismiss),

Rule 12(a)(1), Rule 12(b), Rule 15(a) pertaining to responding to the complaint, and Rule 15(a)(3).

Case 1:11-cv-02333-LTB-CBS Document 45 Filed 07/31/12 USDC Colorado Page 1 of 2
For reasons as stated on the record, 

ORDERED: The court DENIES the Plaintiff's MOTION to Strike Defendant's Untimely

Response to Plaintiff's Amended Complaint (re: #26 MOTION to Dismiss Plaintiff's

Second Amended Complaint) (Docket NO. 29, filed on 6/22/2012).

Discussion between the court and Ms. Adams regarding Rule 55 pertaining to entering a default

judgment.

For reasons as stated on the record, 

ORDERED: The court DENIES the plaintiff's MOTION for Default Judgment Against Separate

Defendant FedEx Ground Package System, Inc. (Docket No. 30, filed on 6/22/2012).

The court DENIES the defendant's MOTION for Extension of Time to File Answer

or Otherwise Respond re #23 Amended Complaint (Docket No. 33, filed on

6/29/2012).

The court addresses the parties regarding the defendant’s MOTION to Dismiss Plaintiff's Second

Amended Complaint (Docket No. 26, filed on 6/21/2012) and the deadline for the plaintiff to file

her response to this motion (August 7, 2012). 

Discussion between the court and Ms. Adams regarding why this hearing today was set and the

defendant’s MOTION to Dismiss Plaintiff's Second Amended Complaint (Docket No. 26, filed on

6/21/2012) . Ms. Adams makes an oral motion to extend the deadline to file her response to the

motion. No objection from defense counsel. The court grants the plaintiff’s oral motion. 

ORDERED: The plaintiff shall file her response to the defendant’s MOTION to Dismiss

Plaintiff's Second Amended Complaint (Docket No. 26, filed on 6/21/2012) no later

than August 21, 2012. 

11:40 a.m. Off record discussion with parties.

HEARING CONCLUDED.

Court in recess: 11:44 a.m.

Total time in court: 00:57

To order transcripts of hearings with Magistrate Judge Shaffer, please contact Avery Woods Reporting at (303)

825-6119 or toll free at 1-800-962-3345.

Case 1:11-cv-02333-LTB-CBS Document 45 Filed 07/31/12 USDC Colorado Page 2 of 2