Nelson v. Blue Cross and Blue Shield of Nebraska

Filing 18

ORDER granting 16 the plaintiff's Motion for Leave to Amend the Complaint. The plaintiff shall have until October 9, 2014, to file the Amended Complaint. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

LYNN R. NELSON,
Plaintiff,

8:14CV228

vs.
ORDER
BLUE CROSS AND BLUE SHIELD
OF NEBRASKA,
Defendant.
This matter is before the court on the plaintiff’s Motion for Leave to Amend the
Complaint (Filing No. 16). The plaintiff attached a copy of the proposed Amended
Complaint (Filing No. 16-1) to the motion. By amending the complaint, the plaintiff
seeks to cure deficiencies alleged by the defendant in its Motion to Dismiss (Filing No.
9). The plaintiff notes the defendant opposes the motion.
Leave of court is not required for the plaintiff to file an amended complaint in this
instance.

Federal Rule of Civil Procedure 15(a) provides “[a] party may amend its

pleading once as a matter of course within: . . . (B) if the pleading is one to which a
responsive pleading is required, . . . 21 days after service of a motion under Rule
12(b) . . . .” Fed. R. Civ. P. 15(a)(1). The plaintiff filed the original complaint on July 7,
2014, in the District Court of Douglas County, Nebraska. See Filing No. 1-1. The
defendant removed the case on August 5, 2014, to this court. See Filing No. 1. On
September 11, 2014, the defendant filed a motion to dismiss pursuant to Rule 12(b)(6)
and 12(b)(7). See Filing No. 9. The record contains no evidence the complaint was
amended prior to the current motion. The plaintiff filed the current motion to amend
twenty days after service of the motion to dismiss. Accordingly,
IT IS ORDERED:
The plaintiff’s Motion for Leave to Amend the Complaint (Filing No. 16) is granted
as a matter of course. The plaintiff shall have to on or before October 9, 2014, to file
the Amended Complaint.
Dated this 2nd day of October, 2014.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge