Hopscotch Adoptions, Inc. et al v. Kachadurian

Filing 135

ORDER DENYING DEFENDANT'S MOTION FOR JUDGEMENT ON THE PLEADINGS 117 signed by Magistrate Judge Michael J. Seng on 5/23/2011. (Yu, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HOPSCOTCH ADOPTIONS, et al.,

CASE NO.

1:09-cv-2101-MJS

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Plaintiffs,

ORDER DENYING DEFENDANT'S MOTION
FOR JUDGMENT ON THE PLEADINGS

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v.
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(ECF No. 117)
VANESSA KACHADURIAN,

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Defendant.
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/
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This matter is before the Court on Defendant’s motion for judgment on the

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pleadings. However the pleading which is the subject of Defendant’s motion has been

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replaced by an amended pleading.

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On May 16, 2011, this Court entered its Order Granting Plaintiff's Motion to file First

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Amended Complaint. (ECF No. 124.) The pleading, i.e., the Complaint, on which judgment

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for Defendant is here sought has been superseded by a First Amended Complaint. The

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pending motion for judgment therefor has been rendered moot and must be denied on that

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ground.

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Defendant may file a similar motion with regard to the First Amended Complaint if
and as appropriate.

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Accordingly, Defendant’s motion for judgment on the pleading shall be and hereby

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///

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///

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///

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is DENIED without prejudice.

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IT IS SO ORDERED.

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Dated:
ci4d6

May 23, 2011

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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