Allan v. Sahota et al

Filing 26

ORDER signed by Magistrate Judge Allison Claire on 09/18/17 TERMINATING AS MOOT 18 Motion to Dismiss. This action now proceeds on plaintiff's first amended complaint. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TRISTAN D. ALLAN,

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Plaintiff,

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No. 2:16-cv-00695 AC P

v.

ORDER

P. SAHOTA, et. al.,

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Defendants.

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On August 28, 2017, defendants Chaiken and Sahota (“defendants) filed a motion to

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dismiss plaintiff’s complaint against them for lack of subject matter jurisdiction. ECF No. 18.

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On September 11, 2017, plaintiff filed an opposition (ECF No. 21), a request to amend his

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complaint (ECF No. 23), and a first amended complaint (ECF No. 24). On September 15, 2017,

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defendants moved to withdraw their motion to dismiss as moot based on the first amended

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complaint. ECF No. 25. They acknowledge that plaintiff’s first amended complaint is timely.

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Id. at 1-2. They have also indicated their intent to respond to that complaint. Id. at 2.

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Accordingly, it is HEREBY ORDERED that:

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Based on defendants’ reply, the motion to dismiss (ECF No. 18) is MOOT;

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2.

The Clerk of Court shall terminate that motion; and

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3.

This action now proceeds based on plaintiff’s first amended complaint (ECF No.

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IT IS SO ORDERED.

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DATED: September 18, 2017

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