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)

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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).

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