Garcia v. Gone Inc.

Filing 21

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 10 11 FERFINA GARCIA, individually and behalf of all others similarly situated 12 13 14 15 16 Plaintiff, CIV. NO. 2:17-00188 WBS AC ORDER RE: MOTION TO DIMISS v. GONE INC., and DOES 1-10, inclusive Defendant. 17 18 At the hearing on defendant’s Motion to Dismiss 19 plaintiff’s First Amended Complaint, counsel for plaintiff 20 represented that the failure to include a violation of § 1692g in 21 22 the First Amended Complaint was inadvertent. Although the court finds it difficult to understand how that claim could have been 23 24 25 inadvertently omitted from the First Amended Complaint given that it was included in the initial Complaint, the court will give 26 plaintiff leave to file a Second Amended Complaint for the 27 limited purpose of adding that claim. 28 1 1 IT IS THEREFORE ORDERED that that plaintiff’s First 2 Amended Complaint is STRICKEN, and plaintiff is given 20 days 3 4 from the date of this order to file a Second Amended Complaint consistent with this order. 5 Defendant’s motion to dismiss the First Amended 6 7 Complaint is moot. This Order is without prejudice to 8 defendant’s right to move to dismiss the Second Amended Complaint 9 on any ground and to seek reasonable attorney’s fees incurred in 10 responding to plaintiff’s First Amended Complaint. 11 Dated: October 3, 2017 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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