Hoggett et al v. University of Phoenix et al

Filing 23

MEMORANDUM and ORDER signed by Judge Morrison C. England, Jr on 8/15/2011 ORDERING that Relators' 21 First Amended Complaint is STRICKEN without prejudice to refiling upon either: 1) the order of this Court issued in response to a properly noticed Motion for Leave to Amend; or 2) the stipulation of the parties. Motion Hearing CONTINUED to 9/6/2011 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England Jr. Any opposition to the Motion is to be filed by 8/30/2011. (Waggoner, D)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11
12

UNITED STATES OF AMERICA and
STATE OF CALIFORNIA, ex rel.
DEREK HOGGETT and TAVIS GOOD,

13

Plaintiffs,

14
15

No. 2:10-cv-02478-MCE-KJN

v.

MEMORANDUM AND ORDER

UNIVERSITY OF PHOENIX and
APOLLO GROUP, INC.,

16
Defendants.
17
----oo0oo---18
19

Presently before the Court is a Motion to Dismiss (“Motion”)

20

(ECF No. 12) filed July 12, 2011, by Defendants University of

21

Phoenix and Apollo Group, Inc. (together “Defendants”).

22

August 5, 2011, Relators Derek Hoggett and Tavis Good (together

23

“Relators”) filed a First Amended Complaint (ECF No. 21) and an

24

Opposition to Defendants’ Motion (ECF No. 22).

25

Opposition, Relators opine that they have amended their original

26

Complaint as of right, apparently intending that their

27

superseding pleading render Defendants’ pending Motion moot.

28

///
1

On

By way of their

1

The time in which Relators were permitted to amend their

2

Complaint as of right expired, however, on August 2, 2011.

3

R. Civ. Pro. 15(a) (“A party may amend its pleading once as a

4

matter of course within...21 days after service of a responsive

5

pleading or 21 days after service of a motion under Rule 12(b),

6

(e), or (f), whichever is earlier.”).

7

First Amended Complaint is stricken without prejudice to refiling

8

upon either: 1) the order of this Court issued in response to a

9

properly noticed motion for leave to amend; or 2) the stipulation

Fed.

Accordingly, Relators’

10

of the parties.

11

amend the Complaint or to substantively oppose Defendants’

12

Motion, the hearing on Defendants’ Motion to Dismiss is hereby

13

continued to Tuesday, September 6, 2011, at 2:00 p.m. in

14

Courtroom 7.

15

later than Tuesday, August 23, 2011, and any reply is to be filed

16

not later than Tuesday, August 30, 2011.

17
18

To permit Plaintiff time to either properly

Any opposition to that Motion is to be filed not

IT IS SO ORDERED.
Dated: August 15, 2011

19
20
21

_____________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

22
23
24
25
26
27
28
2