Massey v. City of San Mateo et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
For the Northern District of California
United States District Court
No. C 11-4222 RS
ORDER RE MOTION TO DISMISS
AND TO STRIKE
CITY OF SAN MATEO, et al,
Defendants move to dismiss and strike the complaint herein. Although plaintiff filed no
timely response to the motion, he has now 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 defendants’ motion, the revisions appear to be significant enough
that it would not be practicable to deem the existing motion as applying to it. Accordingly, the
motion is 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 set for January
19, 2012 is vacated.
IT IS SO ORDERED.
UNITED STATES DISTRICT JUDGE
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