Opinion
Case No. 2:12-cv-02054-MMD-CWH
04-02-2013
ORDER
This matter was referred to the undersigned for consideration of Defendant's Motion to Dismiss (#7), filed January 28, 2013. Plaintiff filed an amended complaint within 21 days after Defendant's motion (#7) was served. Consequently, the motion is moot. See Fed. R. Civ. P. 15(a)(1)(B) (allowing a party to amend its pleading once as a matter of course within 21 days after service of a motion under Rule 12(b)); see also Dela Cruz v. HSBC Bank USA, N.A., 2013 WL 487008 (D. Nev.). Accordingly,
IT IS HEREBY ORDERED that Defendant's Motion to Dismiss (#7) is denied as moot.
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C.W. Hoffman , Jr.
United States Magistrate Judge