RODKEY v. 1-800 FLOWERS TEAM SERVICES, INC., 3:16-cv-311. (2016)
Court: District Court, S.D. Ohio
Number: infdco20161018e82
Visitors: 8
Filed: Oct. 17, 2016
Latest Update: Oct. 17, 2016
Summary: ENTRY AND ORDER DENYING DEFENDANTS 1-800-FLOWERS.COM, INC. AND 1-800 FLOWERS TEAM SERVICES, INC.'S MOTION TO DISMISS PLAINTIFFS' COMPLAINT (DOC. 19) AS MOOT THOMAS M. ROSE , District Judge . This case is before the Court on Defendants 1-800-Flowers.com, Inc. and 1-800 Flowers Team Services, Inc.'s Motion to Dismiss Plaintiffs' Complaint ("Motion to Dismiss") (Doc. 19) filed on September 21, 2016. By the Motion to Dismiss, Defendants 1-800-Flowers.com, Inc. and 1-800 Flowers Team Services, I
Summary: ENTRY AND ORDER DENYING DEFENDANTS 1-800-FLOWERS.COM, INC. AND 1-800 FLOWERS TEAM SERVICES, INC.'S MOTION TO DISMISS PLAINTIFFS' COMPLAINT (DOC. 19) AS MOOT THOMAS M. ROSE , District Judge . This case is before the Court on Defendants 1-800-Flowers.com, Inc. and 1-800 Flowers Team Services, Inc.'s Motion to Dismiss Plaintiffs' Complaint ("Motion to Dismiss") (Doc. 19) filed on September 21, 2016. By the Motion to Dismiss, Defendants 1-800-Flowers.com, Inc. and 1-800 Flowers Team Services, In..
More
ENTRY AND ORDER DENYING DEFENDANTS 1-800-FLOWERS.COM, INC. AND 1-800 FLOWERS TEAM SERVICES, INC.'S MOTION TO DISMISS PLAINTIFFS' COMPLAINT (DOC. 19) AS MOOT
THOMAS M. ROSE, District Judge.
This case is before the Court on Defendants 1-800-Flowers.com, Inc. and 1-800 Flowers Team Services, Inc.'s Motion to Dismiss Plaintiffs' Complaint ("Motion to Dismiss") (Doc. 19) filed on September 21, 2016. By the Motion to Dismiss, Defendants 1-800-Flowers.com, Inc. and 1-800 Flowers Team Services, Inc. seek dismissal of the Collective and Class Action Complaint (Doc. 1) for lack of personal jurisdiction under Fed. R. Civ. P. 12(b)(2). (Doc. 19 at PAGEID# 101.) On October 12, 2016, in lieu of responding to the Motion to Dismiss, Plaintiffs filed the First Amended Collective and Class Action Complaint (Doc. 21).
Under Fed. R. Civ. P. 15(a)(1)(B), a party may amend its pleading once as a matter of course within 21 days after service of a motion under Fed. R. Civ. P. 12(b)—as Plaintiffs have done here. As the filing of the First Amended Collective Class Action Complaint moots the Motion to Dismiss, it is DENIED.
DONE and ORDERED.
Source: Leagle
