PREVOST v. DEPARTMENT OF CHILDREN AND FAMILIES, 2:14-cv-353-FtM-38DNF. (2014)
Court: District Court, M.D. Florida
Number: infdco20140723a85
Visitors: 5
Filed: Jul. 21, 2014
Latest Update: Jul. 21, 2014
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on Defendant Department of Children and Families' Motion to Dismiss ( Doc. 13 ) filed on June 27, 2014. This motion to dismiss was brought pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Plaintiff Dayna R. Prevost filed a response on July 11, 2014. ( Doc. 16 ). In the response, Provost indicated she would file an amended complaint within the Rule 15(a)(1) timeframe. Fed. R. Civ. P. 15(a)(1)(
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on Defendant Department of Children and Families' Motion to Dismiss ( Doc. 13 ) filed on June 27, 2014. This motion to dismiss was brought pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Plaintiff Dayna R. Prevost filed a response on July 11, 2014. ( Doc. 16 ). In the response, Provost indicated she would file an amended complaint within the Rule 15(a)(1) timeframe. 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 Department of Children and Families' Motion to Dismiss (Doc. 13) filed on June 27, 2014. This motion to dismiss was brought pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Plaintiff Dayna R. Prevost filed a response on July 11, 2014. (Doc. 16). In the response, Provost indicated she would file an amended complaint within the Rule 15(a)(1) timeframe. 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)"). Thereafter, Prevost filed an amended complaint pursuant to Rule 15(a)(1). (See Doc. 17). 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:
Motion to Dismiss (Doc. 13) is DENIED as moot.
DONE and ORDERED.
FootNotes
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Source: Leagle
