Poor et al v. The Pasquan Limited Partnership, LLP et al

Filing 14

ORDER GRANTING LEAVE TO FILE SECOND AMENDED COMPLAINT, TERMINATING MOTION TO DISMISS, AND VACATING MOTION HEARING re 4 MOTION to Dismiss. Signed by Judge Jon S. Tigar on October 22, 2014. (wsn, COURT STAFF) (Filed on 10/22/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LENETTE POOR, et al.,

Case No. 14-cv-04264-JST

Plaintiffs,
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v.
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THE PASQUAN LIMITED
PARTNERSHIP, LLP, et al.,
Defendants.

United States District Court
Northern District of California

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ORDER GRANTING LEAVE TO FILE
SECOND AMENDED COMPLAINT,
TERMINATING MOTION TO DISMISS,
AND VACATING MOTION HEARING
Re: ECF No. 4

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Before the Court is Defendants’ Motion to Dismiss Pursuant to Rule 12(b)(6). ECF No. 4.

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In their Opposition to the Motion, Plaintiffs maintain that their First Amended Complaint is

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adequately pleaded, but also request leave to file a Second Amended Complaint. ECF No. 10, at

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3. Defendants ask that the Court grant Plaintiffs leave to file their proposed Second Amended

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Complaint in the interests of judicial economy, ECF No. 11-1, so that Defendants would then

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withdraw their Motion to Dismiss as moot. ECF No. 13, at 1. Defendants request twenty-one

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days from service of the Second Amended Complaint to file a responsive pleading. Id.
The Court construes the parties’ statements as a stipulation to the filing of Plaintiffs’

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proposed Second Amended Complaint. Accordingly, the Court GRANTS Plaintiffs leave to file
their proposed Second Amended Complaint; TERMINATES Defendants’ Motion to Dismiss; and
VACATES the hearing currently scheduled for October 30, 2014. Plaintiffs are ordered to file the
proposed Second Amended Complaint on the Court’s docket by October 29, 2014. Defendants
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shall file any responsive pleading within twenty-one days after service of the Second Amended

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Complaint.

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IT IS SO ORDERED.
Dated: October 22, 2014
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JON S. TIGAR
United States District Judge

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United States District Court
Northern District of California

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