BENGOCHEA v. ALLSTATE INSURANCE COMPANY, H-10-4343. (2012)
Court: District Court, S.D. Texas
Number: infdco20120202888
Visitors: 6
Filed: Jan. 31, 2012
Latest Update: Jan. 31, 2012
Summary: OPINION AND ORDER MELINDA HARMON, District Judge. Pending before the Court is Defendant Allstate Insurance Company's motion for partial dismissal of Plaintiff Maria Bengochea's original state court petition. Doc. 12. Bengochea has filed a response in which she moves for leave to file an amended complaint that complies with the pleading requirements of Federal Rules 8 and 9. Doc. 14. District Courts should generally grant a plaintiff at least one chance to amend the complaint under Rule 15(a)
Summary: OPINION AND ORDER MELINDA HARMON, District Judge. Pending before the Court is Defendant Allstate Insurance Company's motion for partial dismissal of Plaintiff Maria Bengochea's original state court petition. Doc. 12. Bengochea has filed a response in which she moves for leave to file an amended complaint that complies with the pleading requirements of Federal Rules 8 and 9. Doc. 14. District Courts should generally grant a plaintiff at least one chance to amend the complaint under Rule 15(a) ..
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OPINION AND ORDER
MELINDA HARMON, District Judge.
Pending before the Court is Defendant Allstate Insurance Company's motion for partial dismissal of Plaintiff Maria Bengochea's original state court petition. Doc. 12. Bengochea has filed a response in which she moves for leave to file an amended complaint that complies with the pleading requirements of Federal Rules 8 and 9. Doc. 14.
District Courts should generally grant a plaintiff at least one chance to amend the complaint under Rule 15(a) before dismissing the plaintiff's action. Therefore, the Court hereby
ORDERS that Plaintiff Maria Bengochea's motion to file an amended complaint (Doc. 14) is GRANTED. Defendant Allstate Insurance Company's motion for partial dismissal (Doc. 12) is denied without prejudice.
Source: Leagle
