Lynn v. Lee Memorial Health System

Filing 15

ORDER denying as moot 12 Defendant's Motion to Dismiss Plaintiff's Complaint. Signed by Judge Sheri Polster Chappell on 6/8/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
VIRGINIA LYNN, an individual
Plaintiff,
v.

Case No: 2:15-cv-161-FtM-38DNF

LEE MEMORIAL HEALTH SYSTEM,
Defendant.
/
ORDER1
This matter comes before the Court on Defendant's Motion to Dismiss Plaintiff's
Complaint (Doc. #12) filed on May 26, 2015. Plaintiff filed a response in opposition and
an Amended Complaint on June 5, 2015. (Doc. #14; Doc. #13). In light of Rule 15 of the
Federal Rules of Civil Procedure, the motion to dismiss is now moot in light of the
amended complaint. See Fed.R.Civ.P. 15; see also Deering v. Federal Aviation Admin.,
No. 8:12-CV-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:

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Defendant's Motion to Dismiss Plaintiff's Complaint (Doc. #12) is DENIED as
moot.
DONE and ORDERED in Fort Myers, Florida this 8th day of June, 2015.

Copies: All Parties of Record

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