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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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CENTER FOR BIOLOGICAL DIVERSITY,
et al.,

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No. C 12-02172 JSW

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ORDER DENYING AS MOOT
MOTION TO DISMISS IN LIGHT
OF AMENDED COMPLAINT

v.
For the Northern District of California

United States District Court

Plaintiff,
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FEDERAL HIGHWAY ADMINISTRATION,
et al.,
Defendants.
/

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On June 25, 2012, Plaintiffs filed an Amended Complaint, exercising their right to

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amend as a matter of course under Federal Rule Civil Procedure 15(a)(1)(B). In light of that

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filing, the Court DENIES AS MOOT the pending motion to dismiss, and the Court VACATES

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the hearing scheduled for July 27, 2012. (Docket No. 23.) This ruling is without prejudice to

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Defendants raising any arguments raised in that motion in a motion to dismiss the Amended

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Complaint. Defendants shall answer or otherwise respond to the Amended Complaint within

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the time permitted under Rule 15(a)(3).

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IT IS SO ORDERED.

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Dated: June 26, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE