Federal Insurance Company v. Simon Wiesenthal Center, Inc.
Trial Court Opinion
O
United States District Court
Central District of California
FEDERAL INSURANCE COMPANY. Case № 2:21-cv-04069-ODW (JEMx) Plaintiff, v. ORDER DENYING MOTION TO
SIMON WIESENTHAL CENTER et al., DISMISS AS MOOT [21]
Defendants.
Counter-Defendant Federal Insurance Company filed a Federal Rule of Civil Procedure 12(b)(6) motion to dismiss Counterclaimants’ counterclaim in this case on 3] June 30, 2021. (ECF No. 21.) On July 21, 2021, Counter-Claimants filed a First Amended Answer to Complaint and Counterclaim, twenty-one days after Counter-Defendant’s responsive pleading. (ECF No. 25.) Federal Rule of Civil Procedure 15(a)(1) allows plaintiffs to amend a pleading once as a matter of course within twenty-one days of service of a Rule 12(b) motion. Therefore, Counter-Claimants’ amended pleading was proper. As the pending motion to dismiss was based on a pleading that is no longer operative, the motion is DENIED as MOOT. See Ramirez v. Cty. of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015).
IT IS SO ORDERED.
July 22, 2021 . □□ ie bid A
OTIS D. V GHT, II
UNITED STATES DISTRICT JUDGE
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