O'Yates v. Pluid et al

Filing 23

IT IS ORDERED that Plaintiff shall promptly file the Amended Complaint currently lodged with the Court as an attachment to her Notice. (Doc. 22-1). Defendants shall have 21 days after the Amended Complaint is filed to answer or otherwise respond to the Amended Complaint. Signed by Magistrate Judge Kathleen L. DeSoto on 6/5/2024. (APP)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
JESSICA O’YATES, on behalf of her
minor child E.O,

CV 24-35-M-DLC-KLD

Plaintiff,

ORDER

vs.
LAURA PLUID, REGAN LEWIS,
FORTINE SCHOOL, FORTINE
SCHOOL DISTRICT NO. 14 and
JOHN DOES 1-10,
Defendants.

On May 7, 2024, Defendants Fortine School District No. 14, Fortine School,
Regan Lewis, and Laura Pluid filed a motion to dismiss the Complaint for failure
to state a claim for relief pursuant to Rule 12(b)(6) of the Federal Rules of Civil
Procedure. (Doc. 13). On May 24, 2024, Plaintiff Jessica O’Yates filed a Notice of
Filing Amended Complaint, and attached her proposed Amended Complaint.
(Docs. 22 and 22-1).
Pursuant to Rule 15(a)(1)(B), a plaintiff may file an amended pleading once
as a matter of course within 21 days after service of a motion under Rule 12(b).
Accordingly,
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IT IS ORDERED that Plaintiff shall promptly file the Amended Complaint
currently lodged with the Court as an attachment to her Notice. (Doc. 22-1).
Defendants shall have 21 days after the Amended Complaint is filed to answer or
otherwise respond to the Amended Complaint.
DATED this 5th day of June, 2024.
________________________________
Kathleen L. DeSoto
United States Magistrate Judge

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