Total Containment Solutions, Inc. v. Glacier Energy Services, Inc.
Filing
23
ORDER denying as moot 5 Defendant Glacier Energy Services, Inc.'s Motion to Dismiss Counts II through VII of Total Containment Solutions, Inc.'s Complaint. Signed by Judge Sheri Polster Chappell on 4/2/2015. (LMF)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
TOTAL CONTAINMENT SOLUTIONS,
INC.,
Plaintiff,
v.
Case No: 2:15-cv-63-FtM-38CM
GLACIER ENERGY SERVICES,
INC.,
Defendant.
/
ORDER1
This matter comes before the Court on Defendant Glacier Energy Services, Inc.'s
Motion to Dismiss Counts II through VII of Total Containment Solutions, Inc.'s Complaint
(Doc. #5) filed on February 11, 2015. Plaintiff Total Containment Solutions, Inc. filed a
response in opposition on March 2, 2015. (Doc. #10). In Total Containment Solution’s
response, it asserts it plans to amend its complaint within 21 days. See Fed. R. Civ. P.
15(a)(1) (“A party may amend its pleading once as a matter of course . . . 21 days after
service of a motion under Rule 12(b)”). Since then, Total Containment Solutions filed its
amended complaint pursuant to Rule 15(a)(1) and extensions of the 21-day deadline by
the Court. (See Doc. #22; see also Doc. #15; Doc. #19). Consequently, the motion to
dismiss is now moot. See generally Deering v. Federal Aviation Admin., No. 8:12-CV-
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2163-T-17AEP, 2013 WL 3864349, at *3 (M.D. Fla. July 24, 2013) (mentioning that when
a plaintiff filed an amended complaint pursuant to Rule 15(a)(1)(B) rather than a response
to a motion to dismiss, the court denied the underlying motion to dismiss as moot).
Accordingly, it is now
ORDERED:
Defendant Glacier Energy Services, Inc.'s Motion to Dismiss Counts II through VII
of Total Containment Solutions, Inc.'s Complaint (Doc. #5) is DENIED as moot.
DONE and ORDERED in Fort Myers, Florida this 2nd day of April, 2015.
Copies: All Parties of Record
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