Massey v. City of San Mateo et al

Filing 22

ORDER RE MOTIONS TO DISMISS AND TO STRIKE. Signed by Judge Richard Seeborg on 1/5/12. (cl, COURT STAFF) (Filed on 1/5/2012)

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**E-filed 1/5/12** 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION 11 For the Northern District of California United States District Court 10 Plaintiff, 12 13 No. C 11-4222 RS CARLOS MASSEY, ORDER RE MOTION TO DISMISS AND TO STRIKE v. 14 CITY OF SAN MATEO, et al, 15 Defendants. ____________________________________/ 16 17 Defendants move to dismiss and strike the complaint herein. Although plaintiff filed no 18 timely response to the motion, he has now exercised his one-time right to amend the complaint 19 without leave of Court. Without opining as to whether or not the amended complaint addresses all of 20 the purported defects identified in defendants’ motion, the revisions appear to be significant enough 21 that it would not be practicable to deem the existing motion as applying to it. Accordingly, the 22 motion is denied, without prejudice to defendant’s right to reassert any arguments contained therein 23 to the extent they may be equally applicable to the amended complaint. The hearing set for January 24 19, 2012 is vacated. 25 IT IS SO ORDERED. 26 Dated: 1/5/12 27 28 RICHARD SEEBORG UNITED STATES DISTRICT JUDGE

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