United States District Court, D. New Jersey
April 28, 2015
TIHO MARINAC, Plaintiff,
MONDELEZ INTERNATIONAL, INC., Defendant.
WILLIAM J. MARTINI, District Judge.
THIS MATTER comes before the Court on (1) Defendant's motion to dismiss Plaintiff's Complaint under Federal Rule of Civil Procedure 12(b)(6) (ECF No. 5) and (2) Plaintiff's cross-motion for leave to file an amended complaint (ECF No. 6). Defendant submitted a letter stating that it does not oppose Plaintiff's cross-motion. ECF No. 7. Given the Third Circuit's liberal approach to the amendment of pleadings and the lack of any opposition, the Court will grant Plaintiff's cross-motion to amend. See Fed.R.Civ.P. 15(a)(2); In re Burlington Coat Factory Secs. Litig., 114 F.3d 1410, 1434 (3d Cir. 1997). Defendant's motion to dismiss the original Complaint will be denied without prejudice.
For the foregoing reasons; and for good cause appearing;
IT IS on this 28th day of April 2015, hereby,
ORDERED that the motion to dismiss is DENIED without prejudice; and it is further
ORDERED that Plaintiff's cross-motion to amend is GRANTED; and it is further
ORDERED that Plaintiff shall file its amended complaint no later than May 1, 2015.