Konecky et al v. Allstate Fire and Casualty Insurance Company et al

Filing 35

ORDER denying as moot 20 Motion to Dismiss. Further Order that Defendants shall have twenty-one days from the date of this order to file a responsive pleading or Answer to the Amended Complaint. Fed. R. Civ. P. 15(a)(3). Signed by Judge Donald W. Molloy on 9/26/2017. (ASG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

SETH KONECKY and JENNIFER
KONECKY, husband and wife,
FLATHEAD COUNTY DIST., INC., a
Montana Corporation, individually,
and on behalf of all others similarly
situated,

ORDER

Plaintiffs,
vs.
ALLSTATE FIRE & CAS. INS. CO.,
ALLSTATE INDEM. CO.,
ALLSTATE PROP. & CAS. INS. CO.,
and ALLSTATE INS. CO.,
Defendants.

On September 21, 201 7, a preliminary pretrial conference was held in this
matter, and a scheduling order issued setting October 12, 2017, as the deadline for
amending pleadings. (Doc. 33.) On September 25, 2017, Plaintiffs filed an
Amended Complaint. (Doc. 34.) Per discussion at the preliminary pretrial
conference, and based on review of the amended pleading-which incorporates
substantial changes-the Defendants' Motion to Dismiss, (Doc. 20), is no longer
applicable. Fed. R. Civ. P. 15(a)(2). Accordingly,
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IT IS ORDERED that Defendants' Motion to Dismiss (Doc. 20) is DENIED
as MOOT.
IT IS FURTHER ORDERED that Defendants shall have twenty-one (21)
days from the date of this order to file a responsive pleading or Answer to the
Amended Complaint. Fed. R. Civ. P. 15(a)(3).
DATED this £lr/day of September, 2017.

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