Fayant v UnitedHealthcare of WA

Filing 14

ORDER GRANTING 9 LEAVE TO AMEND denying as moot 7 Motion to Dismiss for Failure to State a Claim. Signed by Judge Salvador Mendoza, Jr. (AY, Case Administrator)

Download PDF
1 FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 2 Jul 03, 2018 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 3 SEAN F. MCAVOY, CLERK 4 WILLIAM ROBERT FAYANT, No. 2:18-cv-00102-SMJ 5 Plaintiff, ORDER GRANTING LEAVE TO AMEND 6 v. 7 UNITEDHEALTHCARE OF WA, 8 Defendant. 9 10 Defendant UnitedHealthcare of WA (UnitedHealth) moved to dismiss 11 Plaintiff William Robert Fayant’s complaint pursuant to Federal Rule of Civil 12 Procedure 12(b)(6). ECF No. 7. In response, Fayant, proceeding pro se, filed an 13 “Objection to Defendants Motion to Dismiss and . . . Motion for Leave to File 14 Amended Complaint.” ECF No. 9. The Court construes this filing as a motion for 15 leave to file an amended complaint. Because UnitedHealth does not object to this 16 request, ECF No. 11, and leave to amend should be freely given when justice 17 requires, Fed. R. Civ. P. 15(a)(2), the Court grants Fayant’s motion for leave to 18 amend. 19 Accordingly, IT IS HEREBY ORDERED: 20 ORDER - 1 1 1. is GRANTED. 2 3 2. Plaintiff shall file an amended complaint on or before August 3, 2018. 4 5 Plaintiff’s Motion for Leave to File Amended Complaint, ECF No. 9, 3. Defendants’ Motion to Dismiss, ECF No. 7, is DENIED AS 6 MOOT. If Plaintiff fails to file an amended complaint, Defendant 7 may refile this motion after August 3, 2018. 8 9 10 IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order and provide copies to all counsel and pro se plaintiff. DATED this 3rd day of July 2018. 11 __________________________ SALVADOR MENDOZA, JR. United States District Judge 12 13 14 15 16 17 18 19 20 ORDER - 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?