UNITED STATES OF AMERICA v. DEUERLING

Filing 10

ORDER denying as moot 5 Motion to Dismiss or for a More Definite Statement, and further ordering that Defendant shall respond to 8 Amended Complaint no later than 9/3/2014. Signed by Judge Alan N. Bloch on 08/20/2014. (dpo)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA,
Plaintiff
v.
MELISSA A. DEUERLING,
Defendant.

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Civil No. 14-642

O R D E R
AND NOW, this 20th day of August, 2014, upon consideration
of Defendant Melissa Deuerling’s “Motion to Dismiss; or, for a
More Definite Statement” (Doc. No. 5) and memorandum in support
thereof (Doc. No. 6), filed in the above captioned matter on
August 12, 2014, and upon further consideration of the
Plaintiff’s Amended Complaint (Doc. No. 8), filed on August 14,
2014,
IT IS HEREBY ORDERED that the Defendant’s motion is DENIED
AS MOOT.

Subsequent to the filing of this motion, the Plaintiff

amended its Complaint pursuant to Federal Rule of Civil
Procedure 15(a)(1)(B).

Because of this amendment, the

Defendant’s motion to dismiss or to require a more definite
statement in regard to the original Complaint is rendered moot,
since the original Complaint is no longer the relevant pleading.

See Trustees of Univ. of Pennsylvania v. St. Jude Children’s
Hosp., 982 F. Supp. 2d 518, 521 n.3 (E.D. Pa. 2013).
IT IS FURTHER ORDERED that the Defendant shall respond
to the Amended Complaint no later than Wednesday, September 3,
2014.

The Court notes that extending the time to respond beyond

the time normally provided by Rule 15(a)(3) is appropriate given
the Defendant’s pro se status.

__s/Alan N. Bloch__________
Alan N. Bloch
United States District Judge
cc:

Counsel of Record
Melissa Deuerling
2802 Sebolt Road
South Park, PA 15129