ORDER1

SHERI POLSTER CHAPPELL, District Judge.

This matter comes before the Court on review of the docket. On June 18, 2015, a Motion to Amend Complaint was filed on the docket under Plaintiff's name. (Doc. #5). Thereafter, Defendant filed a Response in Opposition (Doc. #8), and the Court entered an Order denying the motion (Doc. #15). Plaintiff now asks the Court to vacate its Order on the basis that she did not file this Motion with this Court. (Doc. #16 at 3-4). As Plaintiff explains, the Motion was pending in Florida state court before the action was removed, and once this action was removed, Defendant filed it with this Court. (Doc. #16 at 3-4). Defendant does not dispute that it filed the Motion, but instead contends that this filing was proper under 28 U.S.C. § 1446. (Doc. #17 at 8). The Court disagrees.

Section 1446 provides that when removing an action to federal court, the defendant must file, among other things, "a copy of all process, pleadings, and orders" served upon the defendant in the state court action. 28 U.S.C. 1446 (a). A pending motion, however, is not a process, pleading, or order, and therefore does not need to be filed with the federal court upon removal. Consequently, the Court finds that the Motion to Amend Complaint was improperly filed.

Based on the foregoing, the Court will vacate its July 9, 2015 Order (Doc. #15). The Court will also strike Plaintiff's Motion to Amend (Doc. #5), Defendant's Response in Opposition (Doc. #8), and the July 9, 2015 Order (Doc. #15) from the docket.

Accordingly, it is now

ORDERED:

DONE and ORDERED.