Valley Health System, LLC et al v. Aetna Health, Inc. et al

Filing 38

ORDER Denying as Moot Defendants' 6 Motion to Dismiss. Signed by Judge James C. Mahan on 02/22/2016. (Copies have been distributed pursuant to the NEF - NEV)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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VALLEY HEALTH SYSTEM LLC, et al.,

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Case No. 2:15-CV-1457 JCM (NJK)

Plaintiff(s),

ORDER

v.
AETNA HEALTH, INC., et al.,

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Defendant(s).

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Presently before the court is defendants Aetna Health Management, LLC and Aetna Health,

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Inc.’s motion to dismiss. (Doc. #6). Plaintiffs Valley Health System, LLC and Summerlin

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Hospital Medical Center, LLC did not file an opposition to the motion to dismiss, but instead filed

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an amended complaint. (Doc. #14).

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“A party may amend its pleading once as a matter of course within . . . 21 days after service

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of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever

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is earlier.” Fed. R. Civ. P. 15(a)(1)(B). Plaintiffs filed their amended complaint 19 days after

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defendants’ first motion to dismiss, within the 21 day period set forth by Rule 15(a)(1)(B). As

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such, defendants’ motion to dismiss is moot, because it seeks to dismiss a complaint that has been

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supplanted by the filing of a first amended complaint.

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED, that defendants’ motion to

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James C. Mahan
U.S. District Judge

dismiss (doc. #6) be, and the same hereby is, DENIED as moot.
DATED February 22, 2016.
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UN ED
UNITED STATES DISTRICT JUDGE
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UNITED