Richard Whitehurst v. Walgreen's Company Store et al

Filing 16

MINUTES (IN CHAMBERS) by Judge A. Howard Matz: The Court DENIES Defendants Motion to Dismiss 6 the original complaint without prejudice and invites Defendant to file a renewed motion addressing the First Amended Complaint directly. (jp)

O UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL Case No. Title CV 09-6680 AHM (RZx) Date November 25, 2009 RICHARD WHITEHURST v. WALGREEN'S COMPANY STORE, et al.

Present: The Honorable Kendra Bradshaw Deputy Clerk

A. HOWARD MATZ, U.S. DISTRICT JUDGE Not Reported Court Reporter / Recorder Tape No. Attorneys NOT Present for Defendants:

Attorneys NOT Present for Plaintiffs:

Proceedings:

IN CHAMBERS (No Proceedings Held)

On October 16, 2009, Defendants Walgreen Company, Ifey Nwagboso, and Samantha Bragg moved to dismiss Plaintiff's Complaint for failure to state a claim under Fed. R. Civ. P 12(b)(6). On November 9, 2009, Defendants filed a statement of nonopposition to Plaintiff's motion to file a First Amended Complaint ("FAC"). On November 9, 2009, Plaintiff filed his FAC, dropping his claims for violations of state law, leaving only the federal claims. On November 10, 2009, the Court ordered Plaintiff to file a statement indicating whether the claims remaining in the FAC are worded identically to the corresponding claims in the original complaint. On November 18, 2009, Plaintiff filed his response indicating that the claims remaining in the FAC are not worded identically to the corresponding claims in the original complaint. Accordingly, the Court DENIES Defendants' motion to dismiss1 the original complaint without prejudice and invites Defendants to file a renewed motion addressing the FAC directly.
: Initials of Preparer kb

1

Docket No. 6.
CIVIL MINUTES - GENERAL Page 1 of 1

CV-90 (06/04)