Pope et al v. United Healthcare Insurance Company

Filing 11

ORDER by Judge Maria-Elena James granting request for leave to amend. Plaintiffs shall e-file their First Amended Complaint by 8/28/2015. No chambers copy is required. Defendant's 5 Motion to Dismiss is denied as moot. (cdnS, COURT STAFF) (Filed on 8/27/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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VICKI POPE, et al.,

Case No. 15-cv-03617-MEJ

Plaintiffs,
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ORDER RE: MOTION TO DISMISS
AND REQUEST TO FILE FIRST
AMENDED COMPLAINT

v.
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UNITED HEALTHCARE INSURANCE
COMPANY,

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United States District Court
Northern District of California

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Defendant.

Re: Dkt. Nos. 5, 10

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Pending before the Court is Defendant United Healthcare Insurance Company’s Motion to

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Dismiss, in which Defendant argues Plaintiffs Vicki and Gregory Pope’s Complaint must be

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dismissed for failure to state a claim based on ERISA preemption. Dkt. No. 5. Plaintiffs have

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filed a response in which they agree this case is governed by ERISA and requesting leave to file an

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amended complaint. Under Federal Rule of Civil Procedure 15, a party may amend its pleading

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once “as a matter of course” within “21 days after service of a motion under Rule 12(b), (e), or

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(f).” Fed. R. Civ. P. 15(a)(1)(B). Accordingly, the Court GRANTS Plaintiffs’ request. Plaintiffs

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shall e-file their First Amended Complaint by August 28, 2015 (no chambers copy is required).

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Defendant’s Motion to Dismiss is DENIED AS MOOT.

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IT IS SO ORDERED.

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Dated: August 27, 2015
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MARIA-ELENA JAMES
United States Magistrate Judge