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- ilcd;;1:16-cv-01490_de14 RegisterActionDate "2017-04-24" @default.
- ilcd;;1:16-cv-01490_de14 RegisterActionDescriptionText "TEXT ONLY ORDER finding as moot 9 Motion to Dismiss for Failure to State a Claim. On December 21, 2016, Plaintiff EA053D4 filed his Complaint (ECF No. 1) against Defendant Nu-Way Transportation Services, Inc. ("Defendant"). On April 7, 2017, Defendant filed its Answer (ECF No. 6) and its Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) (ECF No. 9). On April 21, 2017, Plaintiff filed his Amended Complaint (ECF No. 12). Federal Rule of Civil Procedure 15(a)(1)(B) provides "[a] party may amend its pleading once as a matter of course within... if the pleading is one to which a response pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier." Here, the responsive pleading and the 12(b) motion were filed on the same day (April 7, 2017), giving Plaintiff until April 28, 2017, to file his amended complaint. Pursuant to Local Rule 7.1(E), "[w]henever an amended pleading is filed, any motion attacking the original pleading will be deemed moot unless specifically revived by the moving party within 14 days after the amended pleading is served." Accordingly, the Court FINDS AS MOOT the present motion. Defendant may specifically revive the motion in accordance with the Local Rules if it so desires. Entered by Judge Michael M. Mihm on 04/24/2017. (MS1, ilcd) (Entered: 04/24/2017)" @default.
- ilcd;;1:16-cv-01490_de14 AdministrativeID "None" @default.
- ilcd;;1:16-cv-01490_de14 hasJudgeReference SJ001506 @default.
- ilcd;;1:16-cv-01490_de14 hasReferenceToOtherEntry ilcd;;1:16-cv-01490_de9 @default.