Desert Regional Medical Center, Inc. v. Royal and Sun Alliance Insurance Company of Canada et al

Filing 40

ORDER DENYING MOTION TO DISMISS AS MOOT 35 by Judge Otis D. Wright, II: Global Excels amended counterclaim was proper. As the pending motion to dismiss was based on a counterclaim that is no longer operative, the motion is DENIED as MOOT. (lc)

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United States District Court
Central District of California

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DESERT REGIONAL MEDICAL

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Case № 5:16-cv-00874-ODW (KK)

CENTER, INC.,
Plaintiff,

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v.

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DISMISS AS MOOT [35]

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GLOBAL EXCEL MANAGEMENT,

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INC.; and DOES 1–25, inclusive,
Defendants.

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ORDER DENYING MOTION TO

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Plaintiff and Counterdefendant Desert Regional Medical Center, Inc. (“Desert

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Regional”) served Defendant and Counterclaimant Global Excel Management, Inc.

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(“Global Excel”) with a Federal Rule of Civil Procedure 12(b)(6) motion to dismiss in

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this case on May 9, 2017.

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counterclaim on May 22, 2017, thirteen days later. (ECF No. 38.) Rule 15(a)(1)

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allows a plaintiff (or, here, counterclaimant) to file an amended complaint (or

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counterclaim) once as a matter of course within twenty-one days of service with a

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Rule 12(b) motion. Therefore, Global Excel’s amended counterclaim was proper. As

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the pending motion to dismiss was based on a counterclaim that is no longer

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operative, the motion is DENIED as MOOT. See Ramirez v. Cty. of San Bernardino,

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806 F.3d 1002, 1008 (9th Cir. 2015).

(ECF No. 35.)

Global Excel filed a first amended

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IT IS SO ORDERED.

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May 25, 2017

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____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

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