Dauscha v. UP Communications Services LLC

Filing 29

ORDER finding as moot 14 Motion to Dismiss for Failure to State a Claim; granting 23 Motion to Amend/Correct. Signed by Magistrate Judge Susan K Lee on 9/10/13. (GRE, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT WINCHESTER
FRANCIS J. DAUSCHA, III,
Plaintiff,
v.
UP COMMUNICATIONS SERVICES, LLP,
Defendant.

)
)
)
)
)
)
)
)
)

Case No. 4:13-cv-50
Mattice / Lee

ORDER
Before the Court is a motion for leave to file second amended complaint [Doc. 23] filed by
Plaintiff. Plaintiff seeks to file an amended complaint to add a third count and correct the
allegations of the second count. Under Fed. R. Civ. P. 15(a)(1)(B), Plaintiff may file an amended
complaint as a matter of right within 21 days after Defendant filed its motion to dismiss [Doc. 14].
Plaintiff’s motion to amend was filed within the 21 days allowed. Plaintiff represents that
Defendant does not oppose the motion to amend, and the parties have agreed that the amended
complaint will render Defendant’s first motion to dismiss moot [Doc. 14]. Indeed, Defendant has
filed a second motion to dismiss [Doc. 25] based upon Plaintiff’s proposed second amended
complaint [Doc. 23].
Accordingly, Plaintiff’s motion for leave to file proposed second amended complaint [Doc.
23] is GRANTED. Plaintiff is ORDERED to file the second amended complaint within 7 days
of this Order. Furthermore, Defendant’s first motion to dismiss [Doc. 14] is STRICKEN as
moot.
SO ORDERED.
ENTER:
s/fâátÇ ^A _xx
SUSAN K. LEE
UNITED STATES MAGISTRATE JUDGE