Lightell v. Walker et al, No. 2:2020cv00672 - Document 18 (E.D. La. 2020)
Court Description: ORDER AND REASONS dismissing 5 Motion to Dismiss for Failure to State a Claim. Signed by Judge Ivan L.R. Lemelle on 07/20/2020. (ko)
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Lightell v. Walker et al Doc. 18 Case 2:20-cv-00672-ILRL-JVM Document 18 Filed 07/21/20 Page 1 of 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA RONALD LIGHTELL CIVIL ACTION VERSUS NO. 20-672 TIM WALKER, ET. AL. SECTION "B"(1) ORDER AND REASONS Considering defendants’ motion to dismiss for failure to state a claim (Rec. Doc.5) and plaintiff’s opposition (Rec. Doc. 9), IT IS ORDERED that defendant’s motion to dismiss is DISMISSED in view of the subsequently filed amended complaint (Rec. Doc. 11) and defendants second motion to dismiss (Rec. Doc. 14). Plaintiff sought and was granted leave to file his first amended complaint (Rec. Doc. 11) on May 21, 2020, after defendant filed the instant motion to dismiss, as allowed by Federal Rule of Civil Procedure 15(a)(2). See Fed. R. Civ. P. 15(a)(2) (“[A] party may amend its pleading only with the opposing party's written consent or the court's leave. The court should freely give leave when justice so requires.”). Defendants’ second motion to dismiss (Rec. Doc. 14) is nearly identical to the first motion to dismiss (Rec. Doc. 5), therefore the court will consider the later filed motion. New Orleans, Louisiana this 20th day of July, 2020 ___________________________________ SENIOR UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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