TOTAL CONTAINMENT SOLUTIONS, INC. v. GLACIER ENERGY SERVICES, INC., 2:15-cv-63-FtM-38CM. (2015)
Court: District Court, M.D. Florida
Number: infdco20150403729
Visitors: 6
Filed: Apr. 02, 2015
Latest Update: Apr. 02, 2015
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on Defendant Glacier Energy Services, Inc.'s Motion to Dismiss Counts II through VII of Total Containment Solutions, Inc.'s Complaint (Doc. #5) filed on February 11, 2015. Plaintiff Total Containment Solutions, Inc. filed a response in opposition on March 2, 2015. ( Doc. #10 ). In Total Containment Solution's response, it asserts it plans to amend its complaint within 21 days. See Fed. R. Civ. P. 15(a)(
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on Defendant Glacier Energy Services, Inc.'s Motion to Dismiss Counts II through VII of Total Containment Solutions, Inc.'s Complaint (Doc. #5) filed on February 11, 2015. Plaintiff Total Containment Solutions, Inc. filed a response in opposition on March 2, 2015. ( Doc. #10 ). In Total Containment Solution's response, it asserts it plans to amend its complaint within 21 days. See Fed. R. Civ. P. 15(a)(1..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on Defendant Glacier Energy Services, Inc.'s Motion to Dismiss Counts II through VII of Total Containment Solutions, Inc.'s Complaint (Doc. #5) filed on February 11, 2015. Plaintiff Total Containment Solutions, Inc. filed a response in opposition on March 2, 2015. (Doc. #10). In Total Containment Solution's response, it asserts it plans to amend its complaint within 21 days. See Fed. R. Civ. P. 15(a)(1) ("A party may amend its pleading once as a matter of course . . . 21 days after service of a motion under Rule 12(b)"). Since then, Total Containment Solutions filed its amended complaint pursuant to Rule 15(a)(1) and extensions of the 21-day deadline by the Court. (See Doc. #22; see also Doc. #15; Doc. #19). Consequently, the motion to dismiss is now moot. See generally Deering v. Federal Aviation Admin., No. 8:12-CV-2163-T-17AEP, 2013 WL 3864349, at *3 (M.D. Fla. July 24, 2013) (mentioning that when a plaintiff filed an amended complaint pursuant to Rule 15(a)(1)(B) rather than a response to a motion to dismiss, the court denied the underlying motion to dismiss as moot).
Accordingly, it is now
ORDERED:
Defendant Glacier Energy Services, Inc.'s Motion to Dismiss Counts II through VII of Total Containment Solutions, Inc.'s Complaint (Doc. #5) is DENIED as moot.
DONE and ORDERED.
FootNotes
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Source: Leagle
