Hlavaty v. United States of America

Filing 10

ORDER granting 7 Plaintiff's Motion to Amend, the amended pleading filed on May 31, 2011 (Doc. 7) is deemed the operative complaint in this matter. The United States shall have until July 15, 2011 to answer or otherwise respond to the amended complaint. Signed by Judge David G Campbell on 6/30/11.(LSP)

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1 WO 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE DISTRICT OF ARIZONA 7 8 Shirley Hlavaty, 9 No. CV-11-587-PHX-DGC Plaintiff, 10 vs. 11 ORDER United States of America, 12 Defendant. 13 The United States filed a motion to dismiss on May 3, 2011. Doc. 5. On May 31, 14 2011, Plaintiff filed an amended complaint. Doc. 7. Because that document was filed 15 more than 21 days after service of the motion to dismiss, Plaintiff needs leave of Court to 16 amend her pleading. See Fed. R. Civ. P. 15(a)(1)(B). The United States has withdrawn 17 its motion to dismiss (Doc. 9), and does not object to the filing of an amended complaint. 18 Pursuant to Rule 15(a)(2), and in the interest of justice, the Court will grant leave to 19 amend. 20 IT IS ORDERED: 21 1. Plaintiff’s “motion to amend” (Doc. 7) is granted. 22 2. The amended pleading filed on May 31, 2011 (Doc. 7) is deemed the 23 24 25 26 27 28 operative complaint in this matter. 3. The United States shall have until July 15, 2011 to answer or otherwise respond to the amended complaint. Dated this 30th day of June, 2011.

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