Travelers Property Casualty Company of America et al v. Centex Homes et al

Filing 16

ORDER to Vacate Hearing With Filing of Amended Complaint signed by District Judge Lawrence J. O'Neill on 8/7/2014. Motion to Dismiss 8 is TERMINATED. Defendants are ordered to file papers to respond to the first amended complaint no later than 8/28/2014. (Jessen, A)

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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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TRAVELERS PROPERTY CASUALTY
COMPANY OF AMERICA, et al.,

ORDER TO VACATE HEARING WITH
FILING OF AMENDED COMPLAINT
(Doc. 15)

Plaintiffs,

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v.

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CASE NO. 1:14-cv-992-LJO-BAM

CENTEX HOMES, et al.,
Defendants.

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On July 17, 2014, Defendants filed a motion to dismiss Plaintiffs’ original complaint under

12 Fed. R. Civ. P. 12(b)(6) and set an August 14, 2014 hearing. On August 6, 2014, Plaintiffs filed their
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first amended complaint as a matter of course under Fed. R. Civ. P. 15(a)(1). As such, this Court:
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VACATES the August 14, 2014 hearing in that the first amended complaint renders

moot the Fed. R. Civ. P. 12(b)(6) motion to dismiss the original complaint;
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DIRECTS the clerk to terminate the Fed. R. Civ. P. 12(b)(6) motion to dismiss the

16 original complaint (Doc. 8); and
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3.

ORDERS Defendants, no later than August 28, 2014, to file and serve papers to respond

to the first amended complaint.
This Court will take no further action on the Fed. R. Civ. P. 12(b)(6) motion to dismiss the

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original complaint (Doc. 8).

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Dated:

/s/ Lawrence J. O’Neill

August 7, 2014

UNITED STATES DISTRICT JUDGE
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