Keys v. Public Safety et al

Filing 12

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiffs Motion for Leave to File First Amended Complaint (ECF No. 10 ) is GRANTED. IT IS FURTHER ORDERED that Defendant West County Mall CMBS, LLCs Motion to Dismiss (ECF No. 7 ) is DENIED as MOOT. Signed by Magistrate Judge Terry I. Adelman on 12/18/13. (KJS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MARIE ANN KEYS,
Plaintiff,
v.
CBL & ASSOCIATES PROPERTIES, INC.,
and WEST COUNTY MALL CMBS, LLC,
Defendants.

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No. 4:13CV1790 TIA

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s Motion for Leave to File First Amended
Complaint (ECF No. 10) and Defendant West County Mall CMBS, LLC’s (“West County Mall”)
Response in Opposition. Also pending is Defendant West County Mall’s Motion to Dismiss (ECF
No. 7). Upon consideration of the motion for leave to amend the complaint and the opposition
thereto, the undersigned will grant Plaintiff’s motion.
Under Federal Rule of Civil Procedure 15(a)(1)(B), a party my amend its pleading once as
a matter of course within 21 days after service of a responsive pleading or of a motion to dismiss
under Rule 12(b). Here, Defendant West County Mall filed a motion to dismiss in lieu of an
answer on December 4, 2013, and Plaintiff filed her motion to file an amended complaint six days
later on December 10, 2013. Further, the undersigned notes that the Court has not yet held a
Rule 16 conference or entered a Case Management Order pertaining to, inter alia, amendment of
pleadings and joinder of parties.
Additionally, in light of the First Amended Complaint, the Court will deny Defendant’s
Motion to Dismiss as moot. Defendant West County Mall is free to re-file its motion in response

to the amended complaint.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s Motion for Leave to File First Amended
Complaint (ECF No. 10) is GRANTED.
IT IS FURTHER ORDERED that Defendant West County Mall CMBS, LLC’s Motion
to Dismiss (ECF No. 7) is DENIED as MOOT.

/s/ Terry I. Adelman
UNITED STATES MAGISTRATE JUDGE
Dated this

18th

day of December, 2013.

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