Taylor et al v. West Marine Products, Inc.

Filing 21

ORDER DENYING 12 MOTION TO DISMISS AND TO STRIKE CLASS ALLEGATIONS AS MOOT. Signed by Judge Alsup on 12/13/2013. (whalc2, COURT STAFF) (Filed on 12/13/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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KAREN TAYLOR, individually and on
behalf of all others similarly situated, and
PAULISA FIELDS,

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Plaintiffs,
v.

ORDER DENYING
MOTION TO DISMISS AND TO
STRIKE CLASS ALLEGATIONS
AS MOOT

WEST MARINE PRODUCTS INC.,
Defendant.
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No. C 13-04916 WHA

On November 21, defendant submitted a motion to dismiss plaintiffs’ class action

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complaint and to strike class allegations, pursuant to Federal Rules of Civil Procedure 12(b)(6)

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and 12(f), and 23(d). Under Civil Local Rule 7-3, plaintiffs’ opposition to that motion was due

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on December 5. To date, no such opposition has been filed.

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Nonetheless, plaintiffs submitted an amended complaint yesterday, pursuant to Federal

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Rule of Civil Procedure 15(a)(1)(B). Because this amended complaint was filed within 21 days

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after service of defendant’s motion, plaintiffs have complied with the requirements of Rule

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15(a)(1)(B). Accordingly, defendant’s motion is DENIED AS MOOT, without prejudice to

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defendant bringing a fresh motion to dismiss the amended complaint and to strike class

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allegations. No further amendments may be made to the amended complaint without seeking in

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advance leave of the Court to do so.

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IT IS SO ORDERED.
Dated: December 13, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE