Acasio v. Guittard Chocolate Co. et al

Filing 40

ORDER GRANTING REQUEST TO WITHDRAW MOTION AND DENYING MOTION TO DISMISS AS MOOT by Judge Alsup denying 15 Motion to Dismiss (whalc2, COURT STAFF) (Filed on 9/2/2010) (Additional attachment(s) added on 9/3/2010: # 1 Certificate of Service) (dt, COURT STAFF).

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Acasio v. Guittard Chocolate Co. et al Doc. 40 1 2 3 4 5 6 7 8 9 10 LOURDES A. ACASIO, Plaintiff, v. GUITTARD CHOCOLATE CO., WAREHOUSE UNION LOCAL 6, ILWU Defendants. / ORDER GRANTING REQUEST TO WITHDRAW MOTION; DENYING MOTION TO DISMISS AS MOOT; AND VACATING HEARING No. C 10-03003 WHA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendants filed motions to dismiss the complaint in this action, and instead of filing an opposition to the motions, plaintiff filed a first amended complaint (Dkt. No. 36), as she is entitled to do. Rather than withdrawing their motions, defendants have filed two documents, one from each defendant. Defendant Warehouse Union Local 6, ILWU, filed a "statement of position" (Dkt. No. 37), requesting leave to withdraw its motion to dismiss the now-moot complaint. That request is GRANTED. Defendant Guittard Chocolate Co. filed a "reply" in support of its motion to dismiss the now-moot complaint (Dkt. No. 38). It states that the first amended complaint "addresses Defendant's 12(b)(6) issues," but that defendant Guittard still seeks dismissal for insufficient service of process of the now-moot complaint. That motion is DENIED AS MOOT. Defendants Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 are both free to move to dismiss the operative complaint, the first amended complaint, if they so choose. The hearing set for September 16, 2010, is VACATED. IT IS SO ORDERED. Dated: September 2, 2010. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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