E-Pass Technologies, Inc. v. Moses & Singer, LLP et al

Filing 111

ORDER by Judge Edward M. Chen Granting 102 Plaintiff's Motion for Leave to File First Amended Complaint. (emcsec, COURT STAFF) (Filed on 8/12/2011)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 E-PASS TECHNOLOGIES, 9 Plaintiff, v. 11 For the Northern District of California United States District Court 10 No. C-09-5967 EMC MOSES & SINGER, LLP, et al., 12 Defendants. ___________________________________/ ORDER GRANTING PLAINTIFF’S MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT (Docket No. 102) 13 14 15 Pending before the Court is Plaintiff’s Motion for Leave to File a First Amended Complaint. 16 Docket No. 102. At the parties’ June 22, 2011 Case Management Conference, the Court instructed 17 Plaintiff to file an amended complaint asserting its basis for diversity jurisdiction within 20 days and 18 Defendants to file their motion to dismiss 30 days thereafter. Docket No. 98. The Court indicated 19 its preference to expedite the process so that it could adjudicate issues such as estoppel, jurisdiction 20 under 28 U.S.C. § 1332 or § 1338, and any other arguments or defenses Defendants intend to raise, 21 together via a motion to dismiss and, as necessary, motion to say or motion to strike. Plaintiff now 22 seeks to make additional amendments to its asserted basis for federal question jurisdiction. Because 23 federal question jurisdiction has always been in dispute, and given Rule 15’s liberality with regard to 24 leave to amend, Fed. R. Civ. P. 15(a), the Court sees no irreversible prejudice to Defendants if 25 Plaintiff is granted leave to amend before the Court adjudicates the anticipated motion to dismiss. 26 Therefore, having considered the parties’ submissions, the Court deems the matter suitable 27 28 for decision on the papers and hereby orders as follows: 1 (1) The First Amended Complaint attached to the Motion as Exhibit “B” is deemed filed 2 as of the date this order is entered. The Court grants leave to amend without 3 prejudice to any of Defendants’ claims regarding estoppel, jurisdiction, or any other 4 bases to dismiss or strike portions of the complaint or stay this matter. 5 (2) Plaintiff is not required to personally serve the Defendants with the First Amended 6 Complaint. Service of the First Amended Complaint is deemed served as of the date 7 this order is entered. 8 (3) 9 11 For the Northern District of California United States District Court 10 12 13 14 Defendants are required to file a response to the First Amended Complaint no later than September 12, 2011. (4) Further status is set for November 7, 2011, at 10:30 a.m. An updated joint Further Status Conference statement shall be filed by October 31, 2011. The hearing on the motion for leave to file First Amended Complaint set for August 19, 2011 is VACATED. This order disposes of Docket No. 102. 15 16 IT IS SO ORDERED. 17 18 Dated: August 12, 2011 19 _________________________ EDWARD M. CHEN United States District Judge 20 21 22 23 24 25 26 27 28 2

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