Hlavaty v. United States of America

Filing 10

ORDER granting 7 Plaintiff's Motion to Amend, the amended pleading filed on May 31, 2011 (Doc. 7) is deemed the operative complaint in this matter. The United States shall have until July 15, 2011 to answer or otherwise respond to the amended complaint. Signed by Judge David G Campbell on 6/30/11.(LSP)

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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Shirley Hlavaty,

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No. CV-11-587-PHX-DGC
Plaintiff,

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vs.

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ORDER

United States of America,

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Defendant.

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The United States filed a motion to dismiss on May 3, 2011. Doc. 5. On May 31,

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2011, Plaintiff filed an amended complaint. Doc. 7. Because that document was filed

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more than 21 days after service of the motion to dismiss, Plaintiff needs leave of Court to

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amend her pleading. See Fed. R. Civ. P. 15(a)(1)(B). The United States has withdrawn

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its motion to dismiss (Doc. 9), and does not object to the filing of an amended complaint.

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Pursuant to Rule 15(a)(2), and in the interest of justice, the Court will grant leave to

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amend.

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IT IS ORDERED:

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1.

Plaintiff’s “motion to amend” (Doc. 7) is granted.

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2.

The amended pleading filed on May 31, 2011 (Doc. 7) is deemed the

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operative complaint in this matter.
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The United States shall have until July 15, 2011 to answer or otherwise

respond to the amended complaint.
Dated this 30th day of June, 2011.