Rodeia v. Biltmore Forest Country Club, Inc.

Filing 17

ORDER dismissing without prejudice the 2 Motion to Dismiss for Failure to State a Claim and 4 Motion to Dismiss; granting 14 Motion to Amend/Correct. Plaintiff now has leave to file an amended complaint. Finally, the Court strikes the Plaintiff's 16 Proposed Amended Complaint. Signed by Magistrate Judge Dennis Howell on 3/26/2018. (kby)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:18 cv 6

CARLOS RODEIA,

)
)
Plaintiff,
)
)
v.
)
)
BILTMORE FOREST COUNTRY
)
CLUB, INC.,
)
)
Defendant.
)
___________________________________ )

ORDER

Pending before the Court is Plaintiff’s Motion to Amend the Complaint. Plaintiff wishes to
amend his Complaint in order to conform to federal pleading standards. Defendant has consented
to the motion.
For good cause shown, the Court GRANTS the motion [# 14]. Plaintiff now has leave to
file an amended complaint.
Because Plaintiff will file an amended complaint, the Court finds that Defendant’s Motions
to Dismiss are moot as they will not respond to the amended complaint. Therefore, the Court
DISMISSES Defendant’s Motions to Dismiss [# 2, # 4] without prejudice.
Finally, the Court STRIKES the Plaintiff’s “Proposed Amended Complaint” [# 16] from
the docket because it was not filed with first getting leave of the Court or the opposing party’s
written consent. Fed. R. Civ. P. 15(a)(2).
Signed: March 26, 2018