Strojnik v. Costar Realty Information, Inc. et al

Filing 15

ORDER denying as moot 7 Motion to Dismiss Case and alternative motion for a more definite statement. Plaintiffs request for oral argument is denied.. Signed by Judge Susan R Bolton on 8/7/08.(DMT, )

Strojnik v. Costar Realty Information, Inc. et al

Doc. 15

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs. Peter Strojnik, an individual, Plaintiff,

NOT FOR PUBLICATION

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Costar Reality Information, Inc.; and Costar Group, Inc., Defendants.

) ) ) ) ) ) ) ) ) ) ) ) )

No. CV-08-1276-PHX-SRB ORDER

Plaintiff filed a complaint against Defendants in state court on June 10, 2008. Dkt. #2-2 at 4-10. Defendants subsequently removed the action to this Court. Dkt. #1. On July 11, 2008, Defendants filed a motion to dismiss the complaint and an alternative motion for a more definite statement. Dkt. #7. In response, Plaintiff filed an amended complaint (Dkt. #9) as a matter of course pursuant to Rule 15 of the Federal Rules of Civil Procedure. See Fed. R. Civ. P. 15(a)(1) ("[A] party may amend his pleading once as a matter of course[] before being served with a responsive pleading[.]"); Nolan v. Fitzharris, 450 F.2d 958, 958 (9th Cir. 1971) ("A motion to dismiss is not a `responsive pleading' within the meaning of [Rule 15].") (citing Breier v. N. Cal. Bowling Proprietors' Ass'n, 316 F.2d 787, 789 (9th Cir. 1963)); Allwaste, Inc. v. Hecht, 65 F.3d 1523, 1530 (9th Cir. 1995) (same). In light of Plaintiff's amended complaint, the Court will deny

Defendants' motion as moot.

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

IT IS ORDERED: 1. Defendants' motion to dismiss and alternative motion for a more definite statement (Dkt. #7) is denied as moot. 2. Plaintiff's request for oral argument is denied.

DATED this 7th day of August, 2008.

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