Broken Drum Bar, Inc. v. Site Centers Corp., 2:19-cv-01445-ODW (SKx). (2019)
Court: District Court, C.D. California
Number: infdco20190329a25
Visitors: 23
Filed: Mar. 28, 2019
Latest Update: Mar. 28, 2019
Summary: ORDER DENYING MOTION TO DISMISS AS MOOT OTIS D. WRIGHT, II , District Judge . Defendants served Plaintiffs with a Federal Rule of Civil Procedure 12(b)(6) motion to dismiss in this case on March 11, 2019. (ECF No. 9.) On March 27, 2019, Plaintiffs filed a first amended Complaint-sixteen days after Defendants filed their responsive pleading. (ECF No. 12.) Federal Rule of Civil Procedure 15(a)(1) allows Plaintiffs to file an amended complaint once as a matter of course within twenty-one days
Summary: ORDER DENYING MOTION TO DISMISS AS MOOT OTIS D. WRIGHT, II , District Judge . Defendants served Plaintiffs with a Federal Rule of Civil Procedure 12(b)(6) motion to dismiss in this case on March 11, 2019. (ECF No. 9.) On March 27, 2019, Plaintiffs filed a first amended Complaint-sixteen days after Defendants filed their responsive pleading. (ECF No. 12.) Federal Rule of Civil Procedure 15(a)(1) allows Plaintiffs to file an amended complaint once as a matter of course within twenty-one days o..
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ORDER DENYING MOTION TO DISMISS AS MOOT
OTIS D. WRIGHT, II, District Judge.
Defendants served Plaintiffs with a Federal Rule of Civil Procedure 12(b)(6) motion to dismiss in this case on March 11, 2019. (ECF No. 9.) On March 27, 2019, Plaintiffs filed a first amended Complaint-sixteen days after Defendants filed their responsive pleading. (ECF No. 12.) Federal Rule of Civil Procedure 15(a)(1) allows Plaintiffs to file an amended complaint once as a matter of course within twenty-one days of service with a Rule 12(b) motion. Therefore, Plaintiffs' amended complaint was proper. As the pending motion to dismiss was based on a complaint that is no longer operative, the motion is DENIED as MOOT. See Ramirez v. Cty. of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015).
IT IS SO ORDERED.
Source: Leagle
