UNOPPOSED ADMINISTRATIVE MOTION RE AMENDED COMPLAINT; [PROPOSED] ORDER

PAUL S. GREWAL, Magistrate Judge.

On April 1, 2015, Federal Defendants filed a motion to dismiss. By Special Set, the motion to dismiss is scheduled to be heard on May 12, 2015, at 1:30 p.m., immediately preceding the Case Management Conference.

On April 22, 2015, Plaintiff filed a timely amended complaint pursuant to FRCP 15(a)(1)(B). The filing of the amended complaint moots the motion to dismiss, and makes it premature to discuss case management issues until the pleadings are finalized.

Federal Defendants intend to file a motion to dismiss the amended complaint. Pursuant to FRCP 15(a)(3), the motion to dismiss the amended complaint is due May 6, 2015. However, due to litigation deadlines in other cases, defense counsel requested and received from Plaintiff an additional 14 days to and including May 20, 2015 to prepare and file the motion to dismiss the amended complaint.

On April 23, 2015, defense counsel spoke with Plaintiff on the telephone. Plaintiff stated that he did not oppose any of the administrative relief sought herein.1

In light of these developments, Federal Defendants hereby request the Court to (1) vacate the May 12, 2015 hearing and Case Management Conference, (2) permit Federal Defendants to file a motion to dismiss the amended complaint on or before May 20, 2015, and (3) continue the initial Case Management Conference to the date and time of the hearing on the motion to dismiss the amended complaint.

[PROPOSED] ORDER

Good cause appearing, and without objection from Plaintiff, it is hereby ordered:

(1) The May 12, 2015 hearing on Federal Defendants' motion to dismiss and Case Management Conference are vacated.

(2) Federal Defendants shall file a motion to dismiss the amended complaint on or before May 20, 2015.

(3) The initial Case Management Conference shall be continued to the date and time of the hearing on the anticipated motion to dismiss the amended complaint.