United States of America et al v. Somina, Inc., et al.

Filing 40

ORDER Granting Plaintiff Leave to File First Amended Complaint and Deny 29 31 Motions to Dismiss as Moot, signed by District Judge Dale A. Drozd on 6/29/2017. (Plaintiff shall file a first amended complaint by 7/7/2017.)(Gaumnitz, R)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 UNITED STATES and the STATE OF CALIFORNIA ex rel. NICOLE O’NEILL, and NICOLE, 13 14 15 16 17 18 19 20 21 Plaintiff, v. SOMNIA, INC., PRIMARY ANESTHESIA SERVICES, MCKESSON CORPORATION, ROBERT GOLDSTEIN, M.D., ROY WINSTON, M.D., BYRON MENDENHALL, M.D., QUINN GEE, M.D., and MARGARET VASSILEV, M.D., and DOES 1 through 10 inclusive, No. 1:15-cv-00433-GSA-DAD ORDER GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT AND DENY MOTIONS TO DISMISS AS MOOT (Doc. Nos. 29, 31, 39) Defendants. The parties’ have submitted a stipulation that plaintiff be granted leave to file a first 22 amended complaint in this action. (Doc. No. 39.) By way of background, on June 7, 2017 the 23 Somnia defendants and defendant McKesson filed separate motions to dismiss. (Doc. Nos. 29, 24 31.) Plaintiff’s opposition to defendants’ motion to dismiss is due July 7, 2017. However, as 25 indicated in the parties’ stipulation, plaintiff now intends to file a first amended complaint 26 because the “original complaint erroneously named McKesson Corporation as a defendant, when 27 the business entity that is actually described in the complaint was a subsidiary of McKesson 28 Corporation which had previously been transferred to Change Healthcare, Inc., and is now known 1 1 as PST Services LLC.” (Doc. No. 39 at 2.) Federal Rule of Civil Procedure 15(a)(2) provides, “a party may amend its pleading only 2 3 with the opposing party’s written consent or the court’s leave.” Here, since all parties have 4 stipulated to plaintiff’s filing of a first amended complaint, the pending motions to dismiss (Doc. 5 Nos. 29, 31) are rendered moot and the August 1, 2017 hearing date on those motions will be 6 vacated. 7 For these reasons: 8 1. Defendants’ motions to dismiss (Doc. Nos. 29, 31) are denied as having been rendered 9 moot by this order; 10 2. Plaintiff shall file a first amended complaint by July 7, 2017; 11 3. Defendants shall file their responses1 or answer to the first amended complaint by 12 August 7, 2017; 4. Plaintiff shall file her oppositions to defendants’ motions to dismiss the first amended 13 14 complaint, if any, by September 6, 2017 to; and 15 5. Defendants shall file any replies in support of any motions to dismiss by September 16 17 20, 2017. IT IS SO ORDERED. 18 Dated: June 29, 2017 UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 1 If defendants response is a motion to dismiss, the motion shall be noticed for hearing in keeping with Local Rule 230(b). 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?