Sai Dhan 6767 LLC v. State Farm Fire and Casualty Company

Summary

The court addresses procedural issues arising from Defendant’s filing of a motion to dismiss after filing an answer and Plaintiff’s filing of an amended complaint without express consent or leave. The court treats the amended complaint as properly filed and operative, concludes that the motion to dismiss is moot, and directs the Clerk to terminate it.

Holdings

1. A motion asserting defenses under Federal Rule of Civil Procedure 12(b) must be filed before the responsive pleading when a responsive pleading is allowed; Defendant's motion filed after its answer was procedurally improper.
2. Although the amended complaint was filed after the ordinary Rule 15(a)(1) deadline and without consent or leave, the court would treat it as appropriately filed and operative under the circumstances.
3. The amended complaint superseded the original complaint, and the amended complaint together with Defendant's answer rendered the pending motion to dismiss moot.

Questions Presented

1. Whether Defendant's motion to dismiss was procedurally proper after Defendant had filed an answer.
2. Whether Plaintiff's amended complaint, filed after the ordinary Rule 15(a)(1) deadline and without consent or leave, should be treated as properly filed.
3. Whether the amended complaint and Defendant's answer rendered the pending motion to dismiss moot.

Disposition

other