Talk N Win, Inc., et al. v. Harris, et al.

Filing 24

ORDER to Vacate Hearing with Filing of Amended Complaint signed by District Judge Lawrence J. O'Neill on 10/08/2013. (Flores, E)

1
2
3

UNITED STATES DISTRICT COURT

4

EASTERN DISTRICT OF CALIFORNIA

5
6

TALK N WIN, INC., et al.,

7
Plaintiffs,

8
9
10
11
12

CASE NO. CV F 13-0971 LJO SMS
ORDER TO VACATE HEARING WITH
FILING OF AMENDED COMPLAINT
(Docs. 18, 21.)

vs.
KAMALA D. HARRIS, et al.,
Defendants.
______________________________/

13

On September 12 and 16, 2013, defendants filed their F.R.Civ.P. 12 motions to dismiss

14

plaintiffs' original complaint and set an October 16, 2013 hearing. On October 7, 2013,

15

plaintiffs filed their first amended complaint as a matter of course under F.R.Civ.P. 15(a)(1).

16

As such, this Court:

17
18
19
20
21
22
23
24

1.

VACATES the October 7, 2013 hearing in that the first amended complaint

renders moot the F.R.Civ.P. 12 motions to dismiss the original complaint;
2.

DIRECTS the clerk to term the F.R.Civ.P. 12 motions to dismiss the original

complaint (doc. 18 and 21); and
3.

ORDERS defendants, no later than October 30, 2013, to file and serve papers to

respond to the first amended complaint.
This Court will take no further action on the F.R.Civ.P. 12 motions to dismiss the
original complaint (doc. 18 and 21).

25
26
27

IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

October 8, 2013

UNITED STATES DISTRICT JUDGE

28
1