Opinion
Civil Action No. 11-cv-03414-PAB-KLM
07-05-2012
Judge Philip A. Brimmer
MINUTE ORDER
This matter is before the Court on plaintiff's motion to amend his complaint [Docket No. 40]. Defendant does not oppose plaintiff's motion to amend. See Docket No. 42 at 1. Pursuant to Fed. R. Civ. P. 15(a)(2), a "party may amend its pleading . . . with the opposing party's written consent." Consequently, it is
ORDERED that plaintiff's motion to amend his complaint [Docket No. 40] is GRANTED. The Clerk of the Court shall accept plaintiff's First Amended Complaint [Docket No. 40-1] for filing. It is further
ORDERED that, because it is no longer directed at the operative complaint, defendant's motion to dismiss [Docket No. 14] is DENIED as moot.