Martensen v. Koch

Filing 36

ORDER GRANTING DEFENDANTS MOTION TO DISMISS; DENYING DEFENDANTS MOTION TO STRIKE AS MOOT. Signed by Magistrate Judge Jacqueline Scott Corley on 3/1/2013. (ahm, COURT STAFF) (Filed on 3/1/2013)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 Northern District of California United States District Court 11 12 KIRBY MARTENSEN, 13 14 Plaintiff, v. 15 16 17 18 Case No.: C-12-05257 JSC ORDER GRANTING DEFENDANT’S MOTION TO DISMISS; DENYING DEFENDANT’S MOTION TO STRIKE AS MOOT WILLIAM KOCH and DOES 1-25, inclusive, Defendant. 19 20 Now pending before the Court are Defendant’s motions to (1) dismiss Plaintiff’s Complaint 21 (i) under Federal Rule of Civil Procedure 12(b)(2) for lack of personal jurisdiction; (ii) under Rule 22 12(b)(3) for improper venue, or in the alternative, to transfer the case under 28 U.S.C. § 1404(a) to 23 the Southern District of Florida or to the District of Colorado; and (iii) under Rule 12(b)(6) for 24 failure to state a claim for relief; and (2) strike Plaintiffs’ punitive damages allegations in Paragraph 25 23 of the Complaint and Paragraph 2 of the Prayer for Relief, under Federal Rule of Civil Procedure 26 12(f). (Dkt. No. 14.) After having the benefit of oral argument on February 28, 2013, and in light of 27 Plaintiff’s request to amend the Complaint and the Court’s conclusion that such amendment would 28 not necessarily be futile, Defendant’s motion to dismiss is GRANTED with leave to amend. 1 Defendant’s motion to strike Plaintiff’s punitive damages allegations is accordingly DENIED as 2 moot. 3 An amended complaint, if any, shall be filed no later than March 14, 2013. Defendant shall 4 file his motion to dismiss any amended complaint no later than March 28, 2013. The hearing on 5 Defendant’s motion to dismiss the amended complaint shall occur on April 25, 2013 at 9:00 a.m. In 6 addition, a Case Management Conference (“CMC”) is set for April 25, 2013 at 9:00 a.m. A joint 7 CMC statement shall be filed by April 18, 2013. 8 9 IT IS SO ORDERED. 10 Northern District of California United States District Court 11 Dated: March 1, 2013 _________________________________ JACQUELINE SCOTT CORLEY UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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