Felix et al v. Anderson

Filing 59

ORDER by Judge Haywood S. Gilliam, Jr. Granting 44 Motion for Judgment on the Pleadings. (ndrS, COURT STAFF) (Filed on 8/20/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SCOTT EMERSON FELIX, et al.,

Case No. 14-cv-03809-HSG

Plaintiffs,
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v.

ORDER GRANTING MOTION FOR
JUDGMENT ON THE PLEADINGS

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KARIN L ANDERSON,

Re: Dkt. No. 44

Defendant.

United States District Court
Northern District of California

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On July 24, 2015, Defendant Karin Anderson moved for judgment on the pleadings on the

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ground that Plaintiffs’ Complaint did not allege facts sufficient to overcome a statute of limitations

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defense. Dkt. No. 44 (“Mot”). Plaintiffs’ filed an “Opposition” to that Motion on August 12,

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2015, which conceded that “the original complaint lacks the specificity required to overcome the

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statute of limitations claim made by Defendant” and requested leave to file an amended complaint

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to address that deficiency. Dkt. No. 49 (“Opp.”) at 1-2.

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Pursuant to Civil Local Rule 7-1(b), the motion is deemed suitable for disposition without

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oral argument, and the hearing scheduled for September 10, 2015 is therefore vacated.

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Defendant’s Motion for Judgment on the Pleadings is GRANTED and Plaintiffs’ Complaint is

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DISMISSED WITH LEAVE TO AMEND. Plaintiffs’ must file a First Amended Complaint no

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later than 21 days from the date of this Order.

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IT IS SO ORDERED.
Dated: August 20, 2015

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________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge