Bengochea v. Allstate Insurance Company et al, No. 4:2010cv04343 - Document 18 (S.D. Tex. 2012)
Court Description: OPINION AND ORDER denying without prejudice 12 Deft Allstate Insurance Company's Motion For Partiel Dismissal; granting 14 Pltf's Motion To File An Amended Complaint.(Signed by Judge Melinda Harmon) Parties notified.(htippen, )
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION MARIA BENGOCHEA, § § Plaintiff, § VS. § § ALLSTATE INSURANCE COMPANY, et al, § § Defendants. § CIVIL ACTION NO. H-10-4343 OPINION AND ORDER Pending before the Court is Defendant Allstate Insurance Company s motion for partial dismissal of Plaintiff Maria Bengochea s original state court petition. Doc. 12. Bengochea has filed a response in which she moves for leave to file an amended complaint that complies with the pleading requirements of Federal Rules 8 and 9. Doc. 14. District Courts should generally grant a plaintiff at least one chance to amend the complaint under Rule 15(a) before dismissing the plaintiff s action. Therefore, the Court hereby ORDERS that Plaintiff Maria Bengochea s motion to file an amended complaint (Doc. 14) is GRANTED. Defendant Allstate Insurance Company s motion for partial dismissal (Doc. 12) is denied without prejudice. SIGNED at Houston, Texas, this 31st day of January, 2012. ___________________________________ MELINDA HARMON UNITED STATES DISTRICT JUDGE 1/1
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