Elisabeth Callaway et al v. Mercedes-Benz USA, LLC et al.

Filing 33

MINUTES (IN CHAMBERS): ORDER by Judge James V. Selna: denying as moot 19 Motion to Strike ; denying as moot 22 Motion to Dismiss Case. (twdb)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Date

March 11, 2015

Case No.

SACV 14-02011 JVS (DFMx)

Title

Elisabeth Callaway, et al. V. Mercedes-Benz USA, LLC, et al.

Present: The
Honorable

James V. Selna
Nancy Boehme

Not Present

Deputy Clerk

Court Reporter

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(IN CHAMBERS)
Minute Order Denying As Moot Motions to Dismiss and Strike

Pursuant to Federal Rule of Civil Procedure 12(b)(6), Defendant Mercedes-Benz
USA, LLC and Defendant Mission Imports (collectively, “Defendants”) move to dismiss
the Complaint filed by Plaintiffs Elizabeth and William Callaway (“Plaintiffs”). (Docket
No. 22.) Defendants also move to strike the class allegations from Plaintiffs’ Complaint.
(Docket No. 19.) On February 26, 2015, Plaintiffs filed a First Amended Complaint,
which moots the pending motions. (See Docket Nos. 24, 25.)
Accordingly, the Court DENIES AS MOOT Defendants’ Motion to Dismiss and
Motion to Strike. The Court further finds that oral argument would not be helpful on this
matter, and vacates the March 16, 2015 hearing. Fed. R. Civ. P. 78; L.R. 7-15.
IT IS SO ORDERED.

:
Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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