Jacobs v. York Union Rescue Mission, Inc.
ORDER granting Jacob's motion 14 to file an ameneded complaint & giving Jacobs 3 days from date of this order to file same, granting York Rescue Mission 14 days from date of disposition of pending MTD 6 w/in which to respond to amended complaint, & deeming any portion of York Rescue Mission's MTD 6 based on lack of subject-matter jurisdiction as MOOT. (See order for complete details.) Signed by Honorable Christopher C. Conner on 08/30/12. (ki)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
YORK UNION RESCUE
MISSION, INC., d/b/a YORK RESCUE :
Civil Action No. 1:12-CV-0288
AND NOW, this 30th day of August, upon consideration of Plaintiff Tanya
Jacobs’s (“Jacobs”) motion to file an amended complaint (Doc. 14), filed August 22,
2012, and upon further consideration of the parties stipulation for an amendment of
the complaint and deadline to answer (Doc. 15) filed August 24, 2012, and it
appearing that a party may amend its pleading once as a matter of course within
twenty-one (21) days after serving it, or within twenty-one (21) days after service by
the opposing party of a motion filed pursuant to Rule 12(b) of the Federal Rules of
Civil Procedure, see Fed. R. Civ. P. 15(a)(1)(A)-(B), and the court noting that
Defendant York Rescue Mission, Inc., d/b/a York Rescue Mission (“York Rescue
Mission”) filed a motion to dismiss on April 12, 2012, and that the time to file an
amended complaint has therefore expired, however, the court noting that after the
period to file under Rule 15(a)(1)(A)-(B) has expired “a party may amend its
pleadings only with the opposing party’s written consent or the court’s leave,” (see
Fed. R. Civ. P. 15(a)(2)), and the court finding that such written consent has been
obtained in the stipulation filed (See Doc. 15 (“It is hereby stipulated by and
between Jeremy M. Cerutti, counsel for Plaintiff, and Shawn P. McLaughlin,
counsel for Defendant, that Plaintiff may amend her complaint to add claims under
the Americans with Disabilities Act (“ADA”).”) The court further finds that the
parties agree that the requirement under Middle District Local Rule 7.6 that briefs
opposing motions, other than those for summary judgment, be filed within fourteen
(14) days of the moving party’s brief, need not apply until the court’s disposition of
the pending motion to dismiss (Doc. 6). And it also appearing that the parties agree
that the portion of the pending motion to dismiss (Doc. 6) asking this court to grant
the motion pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of subjectmatter jurisdiction is now deemed moot, it is hereby ORDERED that:
Jacobs’s motion to file an amended complaint is GRANTED. Jacobs
shall have three (3) days from the date of this order within which to file
an amended complaint.
York Rescue Mission shall have fourteen (14) days from the date of the
disposition of the pending motion to dismiss (Doc. 6) within which to
respond to the amended complaint.
Any portion of York Rescue Mission’s motion to dismiss (Doc. 6) based
on a lack of subject-matter jurisdiction is deemed MOOT.
S/ Christopher C. Conner
CHRISTOPHER C. CONNER
United States District Judge
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