U.S. Technology Corporation et al v. Mississippi Department of Environmental Quality et al

Filing 26

ORDER denying as moot 17 Motion to Dismiss; granting 23 Motion to Amend/Correct Complaint Signed by Honorable David C. Bramlette, III on 12/2/2015 (ECW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
U.S. TECHNOLOGY CORPORATION
AND RAYMOND F. WILLIAMS
VS.

PLAINTIFFS
CIVIL ACTION NO. 5:15-cv-66(DCB)(MTP)

MISSISSIPPI DEPARTMENT OF
ENVIRONMENTAL QUALITY, ET AL.

DEFENDANTS
ORDER

This cause is before the Court on defendants Mississippi
Department of Environmental Quality, Steven Bailey, in his official
capacity, and Richard Harrell, in his official capacity (“the
defendants”)’s

motion

to

dismiss

(docket

entry

17);

and

on

plaintiffs U.S. Technology Corporation and Raymond F. Williams
(“the plaintiffs”)’s motion to amend complaint (docket entry 23).
Having

carefully

considered

the

motions

and

responses,

the

memoranda and the applicable law, and being fully advised in the
premises, the Court finds as follows:
Rule 15 of the Federal Rules of Civil Procedure provides for
amendment of a complaint, once as a matter of course, within
twenty-one days after serving it, or within twenty-one days after
service of a responsive pleading or after service of a motion under
Rule 12(b), 12(e), or 12(f), whichever is earlier.

Fed.R.Civ.P.

15(a)(1)(A)-(B). The plaintiffs’ motion to amend was filed exactly
twenty-one days after service of the defendants’ Answer and the
defendants’ motion to dismiss pursuant to Rules 12(b)(1) and

12(b)(6), and is thus timely.
A copy of the proposed Amended Complaint is attached to the
plaintiffs’ motion.

Inasmuch as the Amended Complaint does not

reference or incorporate the original Complaint, the former will
supersede the latter; as a result, the defendants’ motion to
dismiss the original complaint must be denied as moot.
Accordingly,
IT IS HEREBY ORDERED that the plaintiffs’ motion to amend
complaint (docket entry 23) is GRANTED, and the plaintiffs shall
file their Amended Complaint within seven days from the date of
entry of this Order;
FURTHER ORDERED that the defendants’ motion to dismiss (docket
entry 17) is DENIED AS MOOT.
SO ORDERED, this the 2nd day of December, 2015.

/s/ David Bramlette
UNITED STATES DISTRICT JUDGE

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