Center For Biological Diversity et al v. Federal Highway Administration et al

Filing 22

ORDER DENYING AS MOOT: 13 MOTION to Dismiss IN LIGHT OF AMENDED COMPLAINT. Signed by Judge Jeffrey S. White on 6/26/12. (jjoS, COURT STAFF) (Filed on 6/26/2012)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 CENTER FOR BIOLOGICAL DIVERSITY, et al., 10 No. C 12-02172 JSW 11 ORDER DENYING AS MOOT MOTION TO DISMISS IN LIGHT OF AMENDED COMPLAINT v. For the Northern District of California United States District Court Plaintiff, 12 13 14 FEDERAL HIGHWAY ADMINISTRATION, et al., Defendants. / 15 16 On June 25, 2012, Plaintiffs filed an Amended Complaint, exercising their right to 17 amend as a matter of course under Federal Rule Civil Procedure 15(a)(1)(B). In light of that 18 filing, the Court DENIES AS MOOT the pending motion to dismiss, and the Court VACATES 19 the hearing scheduled for July 27, 2012. (Docket No. 23.) This ruling is without prejudice to 20 Defendants raising any arguments raised in that motion in a motion to dismiss the Amended 21 Complaint. Defendants shall answer or otherwise respond to the Amended Complaint within 22 the time permitted under Rule 15(a)(3). 23 IT IS SO ORDERED. 24 25 26 27 28 Dated: June 26, 2012 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE

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