Geiger et al v. Sisters of Charity of Leavenworth Health System, Inc. et al

Filing 41

MEMORANDUM AND ORDER denied as moot 23 Motion to Dismiss for Failure to State a Claim. Signed by District Judge Carlos Murguia on 12/10/14. (hw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
PATRICIA GEIGER, and
MICHELLE HUNGET,
Plaintiffs,
v.

Case No. 14-2378

SISTERS OF CHARITY OF LEVENWORTH
HEALTH SYSTEM, INC., et al.,
Defendants.

MEMORANDUM AND ORDER
The matter before the court is a motion to dismiss (Doc. 23) filed on September 22, 2014 by
defendants Prime Healthcare Services, Inc., Prime Healthcare Services-Saint John Leavenworth, LLC,
and Prime Healthcare Services – Providence, LLC (collectively “Prime”). Plaintiffs filed an Amended
Complaint (Doc. 27) on October 10, 2014. Federal Rule of Civil Procedure 15 permits a party to
amend its pleading as a matter of course within twenty-one days after service of a motion under Rule
12(b). Fed. R. Civ. P. 15(a)(1)(B). Because plaintiffs’ Amended Complaint was filed eighteen days
after defendants’ Rule 12(b) motion, plaintiffs’ Amended Complaint is timely filed and defendants’
motion is therefore moot.
IT IS THEREFORE ORDERED that defendants’ motion to dismiss (Doc. 23) is denied as
moot. Defendants have until December 26, 2014 to respond to plaintiffs’ Amended Complaint (Doc.
27).
IT IS SO ORDERED.
Dated this 10th day of December, 2014, at Kansas City, Kansas.
s/ Carlos Murguia
CARLOS MURGUIA
United States District Judge

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