Pegasus Imports, LLC v. PT. Wahyu Pradana Binamulia et al

Filing 18

ORDER DENYING AS MOOT MOTION TO DISMISS COUNTERCLAIMS 13 . Pegasus shall answer or otherwise respond to the Amended Counterclaim in accordance with the Federal Rules of Civil Procedure by Judge Otis D. Wright, II . (lc). Modified on 10/10/2014 (lc).

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O 1 2 3 4 5 United States District Court Central District of California 6 7 8 9 PEGASUS IMPORTS, LLC, Plaintiff/Counter-Defendant, 10 11 12 Case No. 2:14-cv-06843-ODW(AJWx) v. ORDER DENYING AS MOOT PT. WAHYU PRADANA BINAMULIA, Defendant/Counterclaimant. 13 MOTION TO DISMISS COUNTERCLAIMS [13] 14 On October 2, 2014, Plaintiff and Counter-Defendant Pegasus Imports, LLC 15 filed a Motion to Dismiss All Counterclaims. (ECF No. 13.) On October 10, 2014, 16 Defendant and Counterclaimant Pt. Wahyu filed a First Amended Counterclaim. 17 (ECF No. 17.) A party may amend its pleading once as a matter of course 21 days 18 after service of a motion under Federal Rule of Civil Procedure 12(b), (e), or (f). Fed. 19 R. Civ. P. 15(a)(1)(B). The Amended Counterclaim was filed within 21 days of the 20 Motion and is now the operative pleading. Accordingly, the Court DENIES AS 21 MOOT the Motion to Dismiss. (ECF No. 13.) Pegasus shall answer or otherwise 22 respond to the Amended Counterclaim in accordance with the Federal Rules of Civil 23 Procedure. 24 IT IS SO ORDERED. 25 October 10, 2014 26 27 28 ____________________________________ OTIS D. WRIGHT, II UNITED STATES DISTRICT JUDGE

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