United States District Court, W.D. Pennsylvania
MAURICE B. COHILL, Jr., Senior District Judge.
Pending before the Court are two Motions to Dismiss Plaintiff L.P.'s original Complaint for failure to state a claim upon which relief can be granted [ECF ## 14 and 18]. On July 7, 2014 Plaintiff filed an Amended Complaint against all defendants [ECF #22].
Pursuant to Federal Rule of Civil Procedure 15(a), "[a] party may amend the party's pleading once as a matter of course at any time before a responsive pleading is served... Otherwise a party may amend the party's pleading only by leave of court or by written consent of the adverse party...." Fed.R.Civ.P. 15(a). Thus, "[when] a defendant asserts the defense of failure to state a claim by motion, the plaintiff may amend the complaint once >as a matter of course' without leave of court." Shane v. Fauver , 213 F.3d 113, 115 (3d Cir. 2000) (citations omitted).
Accordingly, this 8th day of July, 2014, it is hereby ORDERED, ADJUDGED, AND DECREED that the Defendants' Motions to Dismiss ...