Elawyers Elawyers
Ohio| Change

CINCINNATI INSURANCE COMPANY v. YOUNG CONSTRUCTION COMPANY, LLC, 5:14-CV-775-F. (2015)

Court: District Court, E.D. North Carolina Number: infdco20150819a32 Visitors: 1
Filed: Aug. 18, 2015
Latest Update: Aug. 18, 2015
Summary: ORDER JAMES C. FOX , Senior District Judge . This matter is before the court on Defendant Young Construction Company, LLC's ("Young") Motion to Dismiss [DE-16] and Motion for Extension ofTime to Respond to Plaintiffs Amended Complaint [DE-20]. For the following reasons, both motions are DISMISSED AS MOOT. Under Federal Rule of Civil Procedure 15(a)(1), a party may amend its complaint as a matter of course within twenty-one days of a Rule 12(b) motion filed in response to the complaint. You
More

ORDER

This matter is before the court on Defendant Young Construction Company, LLC's ("Young") Motion to Dismiss [DE-16] and Motion for Extension ofTime to Respond to Plaintiffs Amended Complaint [DE-20]. For the following reasons, both motions are DISMISSED AS MOOT.

Under Federal Rule of Civil Procedure 15(a)(1), a party may amend its complaint as a matter of course within twenty-one days of a Rule 12(b) motion filed in response to the complaint. Young filed the present motion to dismiss on January 26, 2015. On February 11, 2015, only sixteen days later, Plaintiff The Cincinnati Insurance Company filed an Amended Complaint [DE-19]. Having reviewed the Amended Complaint, it appears to the court that the changes in the Amended Complaint appear to address the substance of Young's Motion to Dismiss [DE-16]. Furthermore, Young has filed an Answer to the Amended Complaint [DE-26]. Because the Amendment Complaint was timely filed, Young's Motion to Dismiss [DE-16] is DISMISSED AS MOOT. Young is welcome to file a new motion to dismiss if it wishes to do so.

As to the Motion for Extension of Time to Respond to Plaintiffs Amended Complaint [DE-20], the motion was never opposed and the defendant has long since filed an Answer to the Amended Complaint [DE-26]. Therefore, the Motion for Extension of Time to Respond to Plaintiffs Amended Complaint [DE-20] is DISMISSED AS MOOT.

Both Young's Motion to Dismiss [DE-16] and Motion for Extension of Time to Respond to Plaintiffs Amended Complaint [DE-20] are DISMISSED AS MOOT.

SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer