Alexander v. Bridgerland Technical College et al
Filing
25
MEMORANDUM DECISION AND ORDER granting Plaintiff's 19 Motion to Amend the Complaint, and denying as moot Defendants' 7 Motion to Dismiss. Plaintiff shall file the Amended Complaint attached to his motion within te n days of the date of this Order. Defendants may file a new motion to dismiss in relation to the Amended Complaint within 14 days of the filing of the Amended Complaint, if the alleged grounds for doing so still exist. The court would prefer for the briefing on the motion to dismiss to reflect the operative complaint. Signed by Judge Dale A. Kimball on 9/3/2020. (eat)
Case 1:20-cv-00079-DAK-DAO Document 25 Filed 09/03/20 PageID.286 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
STEPHEN C. ALEXANDER,
Plaintiff,
MEMORANDUM DECISION
AND ORDER
v.
Case No. 1:20CV79DAK
BRIDGERLAND TECHNICAL
COLLEGE, ET AL.,
Judge Dale A. Kimball
Defendant.
On July 2, 2020, Defendants filed a Motion to Dismiss Plaintiff’s Complaint. On August
12, 2020, Plaintiff filed a Motion to Amend Complaint and a Memorandum in Opposition to
Defendants’ Motion to Dismiss. Defendants have not filed an opposition to the Motion to
Amend or a reply memorandum in support of their Motion to Dismiss. However, in an effort to
facilitate a timely and appropriate resolution of the competing motions, the court enters the
following order.
Under Rule 15(a) of the Federal Rules of Civil Procedure, Plaintiff was entitled to file the
Amended Complaint as a matter of course within 21 days of Defendant’s motion under FRCP
12(b). See Fed. R. Civ. P. 15(a)(1)(B). Although Plaintiff received an extension of time to
respond to Defendant’s motion, the court considers Plaintiff’s request to amend as timely. The
amendment to Rule 15 allowing a party to amend as a matter of course in response to a motion to
dismiss was enacted to prevent overlapping motions to dismiss and motions to amend. The court
does not want to address issues that may be moot in light of the Amended Complaint. By
Case 1:20-cv-00079-DAK-DAO Document 25 Filed 09/03/20 PageID.287 Page 2 of 2
allowing Plaintiff to file this Amended Complaint, the parties and court can then focus on only
the issues that may survive amendment. Therefore, Plaintiff’s Motion to Amend is GRANTED.
Plaintiff shall filed the Amended Complaint attached to his motion within ten days of the date of
this Order.
Accordingly, the court concludes that Defendant’s Motion to Dismiss is moot because it
was filed in relation to the original Complaint. Defendant may file a new motion to dismiss in
relation to the Amended Complaint within 14 days of the filing of the Amended Complaint, if the
alleged grounds for doing so still exist. The court would prefer for the briefing on the motion to
dismiss to reflect the operative complaint. Therefore, Defendant’s Motion to Dismiss is
DENIED AS MOOT.
DATED this 3rd day of September, 2020.
BY THE COURT:
DALE A. KIMBALL
United States District Judge
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