Bond v. Prospect Mortgage LLC et al

Filing 16

MEMORANDUM AND ORDER - Defendant's motion to dismiss 9 is moot and plaintiff is directed to file the amended complaint that she has attached to her notice no later than Monday, September 18, 2017. Signed by District Judge John W. Lungstrum on 09/11/2017. (ses)

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF KANSAS
Katharine Bond,
Plaintiff,
v.

Case No. 17-cv-2345-JWL

Prospect Mortgage LLC
d/b/a CapWest Mortgage,
Defendant.
MEMORANDUM & ORDER
Plaintiff filed a complaint against defendant, her former employer, alleging claims of sex
discrimination and retaliation arising out of the termination of her employment. Defendant has
moved to dismiss plaintiff’s sex discrimination claim under Federal Rules of Civil Procedure
12(b)(6). In lieu of filing a response to the motion to dismiss, plaintiff has filed a notice of her
intent to file an amended complaint pursuant to Federal Rule of Civil Procedure 15(a)(1)(B),
which she has attached to her notice. The filing of the amended complaint renders moot the
motion to dismiss. See Ortega v. New Mexico Legal Aid, Inc., 2015 WL 12661927, at *1 n.1
(D.N.M. 2015); Shane v. CitiMortgage, Inc., 2012 WL 3111730, at *1 (D. Kan. July 31, 2012).
The court, then, will direct plaintiff to file her amended complaint, which moots the motion to
dismiss.

IT IS THEREFORE ORDERED BY THE COURT THAT defendant’s motion to
dismiss (doc. 9) is moot and plaintiff is directed to file the amended complaint that she has
attached to her notice no later than Monday, September 18, 2017.

IT IS SO ORDERED.

Dated this 11th day of September, 2017, at Kansas City, Kansas.

s/ John W. Lungstrum
John W. Lungstrum
United States District Judge

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