Nolan v. Kempthorne

Filing 12

ORDER - IT IS ORDERED DENYING AS MOOT the 9 Motion for More Definite Statement. Signed by Judge James A Teilborg on 3/13/09.(SAT)

Download PDF
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WO IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) Plaintiff, ) ) vs. ) ) Dirk Kempthorne, Secretary of the) ) Department of the Interior, ) ) Defendant. ) Richard Nolan, No. CV 08-1884-PHX-JAT ORDER Defendant filed a Motion for More Definite Statement on January 20, 2009 (Doc. #9). Since then, Plaintiff Nolan has filed an Amended Complaint as a matter of right under Federal Rule of Civil Procedure 15(a)(1).1 Plaintiff's filing of the Amended Complaint moots the Motion for More Definite statement. Accordingly, IT IS HEREBY ORDERED DENYING as moot the Motion for More Definite Statement (Doc. #9). DATED this 13th day of March, 2009. Federal Rule of Civil Procedure 15(a)(1)(A) allows a party to amend its pleading once as a matter of course before being served with a responsive pleading. A motion for a more definite statement is not a responsive pleading for purposes of Rule 15(a)(1)(A). See Rick-Mik Enter., Inc. v. Equilon Enter. LLC, 532 F.3d 963, 977 (9th Cir. 2008). 1

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?