Castle v. Knowles et al

Filing 29

ORDER GRANTING 23 Plaintiff's Motion to Amend the Complaint; ORDER DENYING Without Prejudice 19 Defendants' Motion to Dismiss; ORDER DIRECTING Clerk to File 25 Plaintiff's Lodged First Amended Complaint; ORDER DIRECTING Defendants to File Response to Plaintiff's Amended Complaint Within Ten (10) Days, signed by District Judge James A Teilborg on 9/23/2009. (Jessen, A)

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. M. Knowles, et al., Defendant. Sy Lee Castle, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) No. CV 1-08-01267-JAT ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Pending before this Court is Defendants Knowles, Fisher, and Phillips' Motion to Dismiss (Doc. # 19), and Plaintiff Sy Lee Castle's Motion to Amend (Doc. # 23). This is Plaintiff's first request to amend his complaint. As such, Plaintiff is permitted to amend his complaint as a matter of right, notwithstanding Defendants' pending motion to dismiss. Schreiber Distrib. Co. v. Serv-Well Furniture Co., 806 F.2d 1393, 1401 (9th Cir. 1986). Accordingly, IT IS ORDERED that Defendants' Knowles, Fisher, and Phillips' Motion to Dismiss (Doc. # 19) is denied without prejudice. IT IS FURTHER ORDERED that Plaintiff Sy Lee Castle's Motion to Amend (Doc. # 23) is granted. IT IS FURTHER ORDERED that the Clerk of the Court shall file Plaintiff's lodged First Amended Complaint (Doc. # 25).

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IT IS FINALLY ORDERED that Defendants shall have ten (10) days from the date of this Order to respond to Plaintiff's amended complaint. DATED this 23rd day of September, 2009.

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