Great America Insurance Company et al v. Chang et al

Filing 17

ORDER DENYING AS MOOT 12 Defendants' Motion to Dismiss 1 Plaintiffs' Original Complaint. The First Amended Complaint is the operative complaint in this matter. Signed by Magistrate Judge Laurel Beeler on 6/6/2012. (lblc2, COURT STAFF) (Filed on 6/6/2012)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 Northern District of California 10 San Francisco GREAT AMERICAN INSURANCE COMPANY, et al., 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 Plaintiffs, No. C 12-00833 LB ORDER DENYING DEFENDANTS’ MOTION TO DISMISS AS MOOT 13 v. [Re: ECF Nos. 12, 15] 14 MICHAEL CHANG, et al., 15 16 17 Defendants. _____________________________________/ Plaintiffs instituted this action on February 21, 2012. Complaint, ECF No. 1. On May 16, 2012, 18 Defendants moved to dismiss Plaintiffs’ complaint. Motion to Dismiss, ECF No. 12.1 In response, 19 Plaintiffs filed a First Amended Complaint in accordance with Federal Rule of Civil Procedure 20 15(a)(1)(B). First Amended Complaint, ECF No. 16. Although it does not appear that Plaintiffs 21 added many new allegations, those that were added appear to have been directed toward at least one 22 of the arguments in Defendants’ motion to dismiss. See FAC, ECF No. 16 at 2-3, 7, 28-29, 44, ¶¶ 4- 23 5, 20, 96; Motion to Dismiss, ECF No. 12 at 7-8. Accordingly, Defendants’ motion to dismiss 24 Plaintiffs’ original complaint is DENIED AS MOOT. 25 This disposes of ECF Nos. 12 and 15. 26 27 1 28 Citations are to the Electronic Case File (“ECF”) with pin cites to the electronic page number at the top of the document, not the pages at the bottom. C 12-00833 LB ORDER 1 2 IT IS SO ORDERED. Dated: June 6, 2012 _______________________________ LAUREL BEELER United States Magistrate Judge 3 4 5 6 7 8 9 10 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C 12-00833 LB ORDER 2

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