Goldstein v. City of Santa Rosa

Filing 14

ORDER RE: MOTION TO DISMISS.Motions terminated purs to Order: 7 MOTION to Dismiss filed by City of Santa Rosa.. Signed by Judge Jeffrey S. White on 3/18/10. (jjo, COURT STAFF) (Filed on 3/18/2010)

1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA MARTIN GOLDSTEIN, Plaintiff, v. CITY OF SANTA ROSA and DOES 1-10, Defendants. / ORDER RE MOTION TO DISMISS No. C 10-0163 JSW

United States District Court

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For the Northern District of California

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Now before the Court is the motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(6) filed by Defendant City of Santa Rosa ("the City"). In response to the motion to dismiss, Plaintiff has filed both a substantive response to the motion as well as an amended complaint. The filing of an amended complaint moots the pending motion to dismiss. See Fed. R. Civ. P. 15(a)(1)(B). Accordingly, the Court terminates the motion to dismiss filed by the City, vacates the hearing date of April 16, 2010, and accepts the proposed first amended complaint filed March 15, 2010. Defendants must file a responsive pleading, either an answer or a motion to dismiss, by no later than April 16, 2010.

IT IS SO ORDERED. Dated: March 18, 2010

JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

MARTIN GOLDSTEIN, Plaintiff, v. SANTA ROSA CITY OF et al, Defendant. /

Case Number: CV10-00163 JSW CERTIFICATE OF SERVICE

United States District Court

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For the Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on March 18, 2010, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Martin Goldstein 1051 A Yuba Drive Santa Rosa, CA 95407 Dated: March 18, 2010 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk