DENNIS HOWELL, Magistrate Judge
THIS MATTER is before the court on defendant's Motion to Dismiss (#5), plaintiff's Response (#6), and plaintiff's Amended Complaint. Even though defendant moved to dismiss, it did not Answer, leaving the door open to plaintiff to amend her Complaint. As a matter of law, defendant's Motion to Dismiss is mooted by the filing of the Amended Complaint. Taylor v. Abate, 1995 WL 362488, *2 (E.D.N.Y. 1995) ("Defendants' motion to dismiss is addressed solely to the original complaint. . . . Consequently, upon the filing of the amended complaint, their motion is mooted and, therefore, denied."); In re Colonial Ltd. Partnership Litig., 854 F.Supp. 64, 80 (D.Conn. 1994) (noting where "a plaintiff amends its complaint while a motion to dismiss is pending" the court may "deny the motion as moot"); Rathke v. HCA Management Co., Inc., 1989 WL 161431, at *1 n. 1 (D.Kan. 1989) (holding that "motion to dismiss . . . became moot when plaintiff filed an amended complaint"); Gresham v. Waffle House, Inc., 586 F.Supp. 1442, 1444 n. 1 (N.D.Ga. 1984) (same).
Due to the limits of ECF, copies of unpublished decisions cited in this Order are incorporated into the court record through reference to the Westlaw citation.
ORDER
IT IS, THEREFORE, ORDERED that defendant's Motion to Dismiss (#5) is DENIED without prejudice as moot.