Garcia v. Gone Inc.
Filing
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ORDER signed by Senior Judge William B. Shubb on 10/3/2017 re 13 Defendant's Motion to Dismiss: IT IS ORDERED that that plaintiff's First Amended Complaint is STRICKEN, and plaintiff is given 20 days from the date of this order to file a Second Amended Complaint consistent with this order. Defendant's motion to dismiss the First Amended Complaint is MOOT. This Order is without prejudice to defendant's right to move to dismiss the Second Amended Complaint on any ground and to seek reasonable attorney's fees incurred in responding to plaintiff's First Amended Complaint. (Kirksey Smith, K)
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UNITED STATES DISTRICT COURT
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FERFINA GARCIA, individually
and behalf of all others
similarly situated
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Plaintiff,
CIV. NO. 2:17-00188 WBS AC
ORDER RE: MOTION TO DIMISS
v.
GONE INC., and DOES 1-10,
inclusive
Defendant.
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At the hearing on defendant’s Motion to Dismiss
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plaintiff’s First Amended Complaint, counsel for plaintiff
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represented that the failure to include a violation of § 1692g in
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the First Amended Complaint was inadvertent.
Although the court
finds it difficult to understand how that claim could have been
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inadvertently omitted from the First Amended Complaint given that
it was included in the initial Complaint, the court will give
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plaintiff leave to file a Second Amended Complaint for the
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limited purpose of adding that claim.
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IT IS THEREFORE ORDERED that that plaintiff’s First
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Amended Complaint is STRICKEN, and plaintiff is given 20 days
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from the date of this order to file a Second Amended Complaint
consistent with this order.
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Defendant’s motion to dismiss the First Amended
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Complaint is moot.
This Order is without prejudice to
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defendant’s right to move to dismiss the Second Amended Complaint
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on any ground and to seek reasonable attorney’s fees incurred in
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responding to plaintiff’s First Amended Complaint.
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Dated:
October 3, 2017
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