Terry et al v. Register Tapes Unlimited, Inc. et al

Filing 10

ORDER signed by Senior Judge William B. Shubb on 6/14/2016 re 5 Defendants Edward "Doug" Endsley's and Ashley Mate's Motion to Dismiss: IT IS ORDERED that defendants' motion to dismiss be, and the same hereby is DENIED without prejudice as moot. (Kirksey Smith, K)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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----oo0oo----

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ROBERT TERRY, CREST
CORPORATION, and CREST
IRREVOCABLE BUSINESS TRUST,
dba FREEDOM MEDIA,

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ORDER

Plaintiffs,

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CIV. NO. 2:16-00806 WBS AC

v.
REGISTER TAPES UNLIMITED,
INC., EDWARD “DOUG” ENDSLEY,
ASHLEY MATE, and DOES 1-50,
inclusive,
Defendants.

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----oo0oo----

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On April 26, 2016, defendants Edward “Doug” Endsley and

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Ashley Mate filed a motion to dismiss the seventh cause of action

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in plaintiffs’ Complaint pursuant to Federal Rule of Civil

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Procedure 12(b)(6).

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Amended Complaint on May 13, 2016.

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15(a)(1) allows a party to “amend its pleading once as a matter

(Docket No. 5.)

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Plaintiffs filed a First

(Docket No. 6.)

Rule

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of course within: (A) 21 days after serving it, or (B) if the

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pleading is one to which a responsive pleading is required, 21

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days after service of a responsive pleading or 21 days after

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service of a motion under Rule 12(b), (e), or (f), whichever is

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earlier.”

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their First Amended Complaint within 21 days after service of

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defendants’ motion to dismiss, thereby mooting defendants’

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pending motion to dismiss.

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Fed. R. Civ. P. 15(a)(1).

Plaintiffs properly filed

IT IS THEREFORE ORDERED that defendants’ motion to

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dismiss be, and the same hereby is DENIED without prejudice as

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moot.

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Dated:

June 14, 2016

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