Romine v. Big O Tires Corporate Headquarters et al

Filing 20

ORDER signed by Magistrate Judge Dale A. Drozd on 5/12/2015 ORDERING that Plaintiff's 13 motion for leave to amend is GRANTED. The 19 first amended complaint filed 5/8/2015 shall become the operative pleading. Defendants' 11 , 12 motions to dismiss are DENIED without prejudice to renewal and are dropped from the court's 5/15/2015 calendar. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHAD J. ROMINE,

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Plaintiff,

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No. 2:15-cv-0401 GEB DAD PS

v.

ORDER

BIG O TIRES CORPORATE
HEADQUARTERS, et al.,

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Defendants.

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Plaintiff, Chad Romine, is proceeding in this action pro se. This matter was referred to the

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undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). Plaintiff

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commenced this action on February 20, 2015, by filing a complaint and paying the required filing

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fee.
On March 27, 2015, defendants filed motions to dismiss pursuant to Federal Rule of Civil

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Procedure 12(b) and noticed the motions for hearing before the undersigned. (Dkt. Nos. 11 &

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12.) Those motions are scheduled to be heard on the court’s May 15, 2015 calendar. However,

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on April 10, 2015, plaintiff filed a motion for leave to amend together with a proposed amended

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complaint.1 (Dkt. No. 13.)

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On May 8, 2015, plaintiff filed a second proposed first amended complaint. (Dkt. No. 19.)
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A party is entitled to amend its pleading once as a matter of course within twenty-one

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days after service of either a responsive pleading or a motion under Rule 12(b), (e), or (f),

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whichever is earlier. FED. R. CIV. P. 15(a) (1)(B).

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s April 10, 2015 motion for leave to amend (Dkt. No. 13) is granted;

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2. The first amended complaint filed May 8, 2015, (Dkt. No. 19) shall become the

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operative pleading; and
3. Defendants’ March 27, 2015 motions to dismiss (Dkt. Nos. 11 & 12) are
denied without prejudice to renewal and are dropped from the court’s May 15, 2015 calendar.
Dated: May 12, 2015

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DAD:6
Ddad1\orders.pro se\romine0401.lta.ord.docx

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