Opinion
No. CV-08-631-PHX-DGC.
September 9, 2008
ORDER
Irwin Mortgage Corporation has filed a motion to dismiss EMPP's counterclaim and an alternative motion for a more definite statement. Dkt. #15. EMPP has responded by filing an amended counterclaim. Dkt. #21.
Because a motion to dismiss is not a "responsive pleading" within the meaning of Rule 15 of the Federal Rules of Civil Procedure, EMPP was entitled to file its amended counterclaim as a matter of course. See Fed.R.Civ.P. 15(a); Allwaste, Inc. v. Hecht, 65 F.3d 1523, 1530 (9th Cir. 1995) (citing Schreiber Distrib. Co. v. Serv-Well Furniture Co., 806 F.2d 1393, 1401 (9th Cir. 1986)). In light of the amended counterclaim, the Court will deny the motion to dismiss the original counterclaim and the alternative motion for a more definite statement as moot. IT IS ORDERED that Irwin Mortgage Corporation's motion to dismiss counterclaim and alternative motion for more definite statement (Dkt. #15) are denied as moot.