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Robbins v. Auto-Owners Insurance Co.

United States District Court, S.D. Georgia, Statesboro Division

October 14, 2014

FRANCES ROBBNS, Plaintiff,
v.
AUTO-OWNERS INSURANCE COMPANY, Defendant.

ORDER

B. AVANT EDENFIELD, District Judge.

Auto-Owners Insurance Company ("Auto-Owners") filed a Motion to Dismiss. ECF No. 8. In response, Frances Robbins filed an amended complaint. ECF No. 13. Under Federal Rule of Civil Procedure 15, a party may amend its pleading once as a matter of course before it is served with a responsive pleading. Fed.R.Civ.P. 15(a)(1). Although Auto-Owners filed a Motion to Dismiss, such a motion is not considered a responsive pleading under Rule 15 Taylor v. Greene, 374 F. Apptx 949, 950 (11th Cir. 2010). Therefore, Robbins is permitted to amend her complaint.

Auto-Owners's Motion to Dismiss applies to a previous complaint, and it is therefore DENIED as moot.


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