Reed v. Great Western Bank

Full title: CHARLES REED, Plaintiff, v. GREAT WESTERN BANK, Defendant

Court: United States District Court, D. Nebraska

Date published: Aug 4, 2008

CASE NO. 8:08CV245 (D. Neb. Aug. 4, 2008)

Opinion

CASE NO. 8:08CV245.

August 4, 2008

ORDER

LAURIE CAMP, District Judge

This matter is before the Court on the Defendant Great Western Bank's Motion to Dismiss Plaintiff's Complaint (Filing No. 6). The Plaintiff, Charles Reed, filed an Amended Complaint on August 1, 2008 (Filing No. 10). The Amended Complaint is permitted "as a matter of course" under Fed.R.Civ.P. 15(a)(1)(A), because the Defendant's Motion to Dismiss is not a "responsive pleading." See Fed.R.Civ.P. 7(a); Winfrey v. Brewer, 570 F.2d 761, 764 n. 4 (8th Cir. 1978). Accordingly, the Motion to Dismiss will be denied as moot.

IT IS ORDERED:

1. The Defendant Great Western Bank's Motion to Dismiss Plaintiff's Complaint (Filing No. 6) is denied as moot; and

2. The Defendant Great Western Bank will respond to the Plaintiff's Amended Complaint in accordance with Fed.R.Civ.P. 12.