ROBBINS v. AUTO-OWNERS INSURANCE COMPANY, 6:14-cv-95. (2014)
Court: District Court, S.D. Georgia
Number: infdco20141015g46
Visitors: 10
Filed: Oct. 14, 2014
Latest Update: Oct. 14, 2014
Summary: ORDER B. AVANT EDENFIELD, District Judge. Auto-Owners Insurance Company ("Auto-Owners") filed a Motion to Dismiss. ECF No. 8. In response, Frances Robbins filed an amended complaint. ECF No. 13. Under Federal Rule of Civil Procedure 15, a party may amend its pleading once as a matter of course before it is served with a responsive pleading. Fed. R. Civ. P. 15(a)(1). Although Auto-Owners filed a Motion to Dismiss, such a motion is not considered a responsive pleading under Rule 15 Taylor v. G
Summary: ORDER B. AVANT EDENFIELD, District Judge. Auto-Owners Insurance Company ("Auto-Owners") filed a Motion to Dismiss. ECF No. 8. In response, Frances Robbins filed an amended complaint. ECF No. 13. Under Federal Rule of Civil Procedure 15, a party may amend its pleading once as a matter of course before it is served with a responsive pleading. Fed. R. Civ. P. 15(a)(1). Although Auto-Owners filed a Motion to Dismiss, such a motion is not considered a responsive pleading under Rule 15 Taylor v. Gr..
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ORDER
B. AVANT EDENFIELD, District Judge.
Auto-Owners Insurance Company ("Auto-Owners") filed a Motion to Dismiss. ECF No. 8. In response, Frances Robbins filed an amended complaint. ECF No. 13. Under Federal Rule of Civil Procedure 15, a party may amend its pleading once as a matter of course before it is served with a responsive pleading. Fed. R. Civ. P. 15(a)(1). Although Auto-Owners filed a Motion to Dismiss, such a motion is not considered a responsive pleading under Rule 15 Taylor v. Greene, 374 F. Apptx 949, 950 (11th Cir. 2010). Therefore, Robbins is permitted to amend her complaint.
Auto-Owners's Motion to Dismiss applies to a previous complaint, and it is therefore DENIED as moot.
Source: Leagle
