Opinion
22cv377-CAB-MDD
12-16-2022
NATASHA HILDA NELSON, Plaintiff, v. KATHLEEN ALLISON, et al., Defendants.
ORDER DENYING AS MOOT AND WITHOUT PREJUDICE MOTION TO DISMISS [DOC. NO. 19] AND MOTION FOR EXTENSION [DOC. NO. 22]
Hon. Cathy Ann Bencivengo United States District Judge.
On November 10, 2022, Defendants filed a motion to dismiss Plaintiff's complaint. [Doc. No. 19.] On December 12, 2022, Plaintiff filed a First Amended Complaint (“FAC”). [Doc. No. 21.] Although untimely, the Court deems Plaintiff to have elected to file an amended pleading pursuant to Fed.R.Civ.P 15(a)(1)(B) in lieu of an opposition to the motion to dismiss. Accordingly, the Court HEREBY ORDERS:
1. The FAC [Doc. No. 21] is DEEMED FILED;
2. The pending motion to dismiss [Doc. No. 19] is DENIED AS MOOT AND WITHOUT PREJUDICE;
3. The motion for extension of time to file an opposition to the motion to dismiss [Doc. No. 22] is DENIED AS MOOT;
4. Defendants shall RESPOND to the FAC by January 6, 2023 .
IT IS SO ORDERED.