JMT Capital Holdings, LLC v. Johnson et al

Filing 13

ORDER DENYING 10 PLAINTIFF'S MOTION TO DISMISS DEFENDANTS' COUNTERCLAIMS AS MOOT. Signed by Magistrate Judge Laurel Beeler on 3/9/2015.(lblc2, COURT STAFF) (Filed on 3/9/2015)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 Northern District of California 10 San Francisco JMT CAPITAL HOLDINGS, LLC, 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 No. C 15-00291 LB Plaintiff, ORDER DENYING PLAINTIFF’S MOTION TO DISMISS DEFENDANTS’ COUNTERCLAIMS AS MOOT v. 13 DOUGLAS W. JOHNSON, et al., 14 15 Defendants. _____________________________________/ [Re: ECF No. 10] 16 On January 21, 2015, Plaintiff filed a complaint against Defendants. (Complaint, ECF No. 1.) 17 On February 5, 2015, Defendants answered the complaint and brought two counterclaims against 18 Plaintiff. (Original Answer and Counterclaim, ECF No. 6.) On February 26, 2015, Plaintiff moved 19 to dismiss Defendants’ counterclaims. (Motion to Dismiss, ECF No. 10.) On February 27, 2015, 20 presumably in response to Plaintiff’s motion, Defendants filed an amended answer that omits their 21 counterclaims. (Amended Answer, ECF No. 12.) Defendants’ amended answer, then, moots 22 Plaintiff’s motion. Accordingly, the court denies Plaintiff’s motion to dismiss as moot.1 23 24 IT IS SO ORDERED. Dated: March 9, 2015 _______________________________ LAUREL BEELER United States Magistrate Judge 25 26 27 28 1 Pursuant to Civil Local Rule 7-1(b), the court finds this matter suitable for determination without oral argument and vacates the April 2, 2015 hearing.

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