Perry v. Cunningham et al

Filing 28


Download PDF
1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 United States District Court For the Northern District of California 10 11 12 13 No. C 12-06474 SI KRISTI PERRY, ORDER DENYING DEFENDANT’S MOTION TO DISMISS; VACATING HEARING Plaintiffs, v. NORA CUNNINGHAM, PRIMA MEDICAL GROUPS, INC., and MARIN GENERAL HOSPITAL, Defendants. / 14 15 Now before the Court is defendant Marin General Hospital’s motion to dismiss plaintiff’s initial 16 complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). However, on January 29, 2013, 17 plaintiff filed an amended complaint pursuant to Federal Rule of Civil Procedure 15(a)(1)(B). Pursuant 18 to Civil Local Rule 7-1(b), the Court finds this matter appropriate for resolution without oral argument 19 and vacates the hearing currently set for March 8, 2013. 20 21 22 Plaintiff’s amended complaint renders defendant’s motion moot. Accordingly, the Court hereby DENIES as MOOT defendant’s motion to dismiss WITHOUT PREJUDICE. (Docket No. 14). IT IS SO ORDERED. 23 24 25 26 27 28 Dated: February 28, 2013 SUSAN ILLSTON United States District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?