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)

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FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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Jul 03, 2018

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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SEAN F. MCAVOY, CLERK

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WILLIAM ROBERT FAYANT,

No. 2:18-cv-00102-SMJ

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Plaintiff,
ORDER GRANTING LEAVE TO
AMEND

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v.
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UNITEDHEALTHCARE OF WA,
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Defendant.
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Defendant UnitedHealthcare of WA (UnitedHealth) moved to dismiss

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Plaintiff William Robert Fayant’s complaint pursuant to Federal Rule of Civil

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Procedure 12(b)(6). ECF No. 7. In response, Fayant, proceeding pro se, filed an

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“Objection to Defendants Motion to Dismiss and . . . Motion for Leave to File

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Amended Complaint.” ECF No. 9. The Court construes this filing as a motion for

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leave to file an amended complaint. Because UnitedHealth does not object to this

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request, ECF No. 11, and leave to amend should be freely given when justice

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requires, Fed. R. Civ. P. 15(a)(2), the Court grants Fayant’s motion for leave to

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amend.

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Accordingly, IT IS HEREBY ORDERED:

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ORDER - 1

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is GRANTED.

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Plaintiff shall file an amended complaint on or before August 3,
2018.

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Plaintiff’s Motion for Leave to File Amended Complaint, ECF No. 9,

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Defendants’ Motion to Dismiss, ECF No. 7, is DENIED AS

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MOOT. If Plaintiff fails to file an amended complaint, Defendant

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may refile this motion after August 3, 2018.

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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.

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__________________________
SALVADOR MENDOZA, JR.
United States District Judge

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ORDER - 2