KATHERINE P. NELSON, District Judge.
The Plaintiff initiated this action in state court, alleging claims for breach of contract and bad faith arising from the denial of benefits under a health insurance policy issued by the Plaintiff's employer, Defendant Modern Woodmen of America, and administered by Defendant CoreSource, Inc. On January 30, 2015, the Defendants removed the Plaintiff's case to this Court, alleging subject matter jurisdiction under, inter alia, 28 U.S.C. § 1331. The Defendants argue that federal question jurisdiction is proper because the Plaintiff's state law claims are completely preempted under the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. ("ERISA") (See Doc. 1). Following removal, the Defendants filed a motion to dismiss the Plaintiff's claims under Fed. R. Civ. P. 12(b)(6), which is also based on the argument that her state law claims are preempted by ERISA. (Doc. 6). The Plaintiff has since filed a motion to amend her complaint (Doc. 13), in which she seeks to drop her state law claims and instead assert claims for benefits due and breach of fiduciary duty under ERISA.
The Defendants' Rule 12(b)(6) motion to dismiss was filed and served on the Plaintiff on February 6, 2015. (Doc. 6). The Plaintiff did not seek to amend her complaint until March 24, 2015 (Doc. 13), more than 21 days after service of the motion to dismiss. Thus, the Plaintiff cannot amend her complaint as a matter of course, see Fed. R. Civ. P. 15(a)(1)(B), and may only amend "with the opposing party's written consent or the court's leave." Fed. R. Civ. P. 15(a)(2). Leave to amend should be freely given when justice so requires. Id.
The Plaintiff admits she has not obtained consent from the opposing party. (See Doc. 113 at 2, ¶ 5 ("It is unknown whether the present Defendants have an objection to this motion ...")). Thus, the Court must determine whether justice requires granting leave to amend.
Garfield v. NDC Health Corp., 466 F.3d 1255, 1270 (11th Cir. 2006). See also Halliburton & Assocs., Inc. v. Henderson, Few & Co., 774 F.2d 441, 443 (11th Cir. 1985) ("Although the decision whether to grant leave is within the discretion of the district court, the rule contemplates that leave shall be granted unless there is a substantial reason to deny it.").
Upon consideration, the Court finds that, unless an opposing party can present a "substantial reason" otherwise, the Plaintiff's motion to amend her complaint (Doc. 13) is due to be granted. Accordingly, it is