Gregus v. Stryker

Filing 12

ORDER RE: 10 MOTION TO DISMISS AND MOTION TO STRIKE. Signed by Judge Richard Seeborg on 3/7/11.(rslc3, COURT STAFF) (Filed on 3/7/2011)

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Gregus v. Stryker Doc. 12 1 2 3 4 5 6 7 8 9 10 **E-filed 3/7/11** IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION RICHARD GREGUS, Plaintiff, v. STRYKER, Defendant. ____________________________________/ Defendant Stryker moved to dismiss and strike the complaint herein. In lieu of opposing the motion, plaintiff exercised his one-time right to amend the complaint without leave of Court. Without opining as to whether or not the amended complaint addresses all of the purported defects identified in defendant's motions, it contains enough additional and different material that it would not be practicable to deem the existing motions as applying to it. Accordingly, the motions are denied, without prejudice to defendant's right to reassert any arguments contained therein to the extent they may be equally applicable to the amended complaint. The hearing scheduled for March 17, 2011 is vacated. No. C 11-0404 RS ORDER RE MOTION TO DISMISS AND MOTION TO STRIKE 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 IT IS SO ORDERED. Dated: 3/7/11 RICHARD SEEBORG UNITED STATES DISTRICT JUDGE

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