Neidenbach et al v. Amica Mutual Insurance Company

Filing 38

ORDER...IT IS HEREBY ORDERED that plaintiffs' motion for leave to file an amended answer to the counterclaim is DENIED as moot. Under the applicable Federal Rule of Civil Procedure, leave of Court is not required at this time. [Doc. 34 ] IT IS FURTHER ORDERED that the Clerk of Court shall detach and docket plaintiffs' amended answer to defendant's counterclaim, which was attached to their motion for leave. Signed by District Judge Charles A. Shaw on 7/30/2014. (NEB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DALE NEIDENBACH, et al.,

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Plaintiffs,
v.
AMICA MUTUAL INSURANCE
COMPANY,

No. 4:13-CV-1604 CAS

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Defendant.

ORDER
This matter is before the Court on plaintiffs’ motion for leave to file an amended answer to
defendant’s counterclaim. Defendant opposes the motion. Plaintiffs filed their answer to the
counterclaim on July 28, 2014, which was timely, pursuant to Federal Rule of Civil Procedure
12(a)(4)(A). Plaintiffs moved to file an amended answer to the counterclaim that same day.
Because plaintiffs moved to amend within the time contemplated by Federal Rule of Civil Procedure
15(a)(1), leave is not required to file the amended answer, and plaintiffs may amend as a matter of
course. The Court will direct the Clerk of Court to detach and docket plaintiffs’ amended answer,
which was attached to their motion for leave.
Accordingly
IT IS HEREBY ORDERED that plaintiffs’ motion for leave to file an amended answer to
the counterclaim is DENIED as moot. Under the applicable Federal Rule of Civil Procedure, leave
of Court is not required at this time. [Doc. 34]

IT IS FURTHER ORDERED that the Clerk of Court shall detach and docket plaintiffs’
amended answer to defendant’s counterclaim, which was attached to their motion for leave.

__________________________________
CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE

Dated this 30th

day of July, 2014.

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