Richard Schaden Mce-Dia, LLC, a Michigan Limited Liability Company Midfield Concessions Enterprises, Inc. a Michigan…

Summary

The court held that entry of a final judgment ends a plaintiff's right to amend a complaint as a matter of course under C.R.C.P. 15(a), even when the judgment dismisses the action without prejudice for lack of standing. Because the district court's dismissal resolved the action and left nothing further to decide, DIA Brewing was required to seek relief from the judgment and obtain leave to amend or written consent. The court nevertheless ordered acceptance of the amended complaint because the pleading was not futile: it adequately alleged standing and pleaded fraud with particularity.