Perry v. Cunningham et al

Filing 28

ORDER DENYING DEFENDANT'S MOTION TO DISMISS; VACATING HEARING 14 (Illston, Susan) (Filed on 2/28/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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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.

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Now before the Court is defendant Marin General Hospital’s motion to dismiss plaintiff’s initial

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complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). However, on January 29, 2013,

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plaintiff filed an amended complaint pursuant to Federal Rule of Civil Procedure 15(a)(1)(B). Pursuant

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to Civil Local Rule 7-1(b), the Court finds this matter appropriate for resolution without oral argument

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and vacates the hearing currently set for March 8, 2013.

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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.

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Dated: February 28, 2013
SUSAN ILLSTON
United States District Judge