Perry v. Cunningham et al
ORDER DENYING DEFENDANT'S MOTION TO DISMISS; VACATING HEARING 14 (Illston, Susan) (Filed on 2/28/2013)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
United States District Court
For the Northern District of California
No. C 12-06474 SI
ORDER DENYING DEFENDANT’S
MOTION TO DISMISS; VACATING
NORA CUNNINGHAM, PRIMA MEDICAL
GROUPS, INC., and MARIN GENERAL
Now before the Court is defendant Marin General Hospital’s motion to dismiss plaintiff’s initial
complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). However, on January 29, 2013,
plaintiff filed an amended complaint pursuant to Federal Rule of Civil Procedure 15(a)(1)(B). Pursuant
to Civil Local Rule 7-1(b), the Court finds this matter appropriate for resolution without oral argument
and vacates the hearing currently set for March 8, 2013.
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.
Dated: February 28, 2013
United States District Judge
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