Performance Contracting, Inc. v. Engineered Wall Systems, Inc.

Filing 29

ORDER by Judge Richard Seeborg denying 20 Motion to Dismiss Third Party Complaint. (cl, COURT STAFF) (Filed on 2/12/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PERFORMANCE CONTRACTING, INC.,

Case No. 15-cv-05245-RS

Plaintiff,
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United States District Court
Northern District of California

v.

ORDER DENYING MOTION TO
DISMISS THIRD-PARTY COMPLAINT

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ENGINEERED WALL SYSTEMS, INC.,
Defendant,

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TOP NOTCH COLLISION, LLC,
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Third-Party Defendant.
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Third-party defendant Top Notch Collision, LLC, filed a motion to dismiss defendant
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Engineered Wall Systems, Inc.’s (“EWS”) third-party complaint. In lieu of filing an opposition to
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the motion to dismiss, EWS filed a first amended third-party complaint. See Fed. R. Civ. P.
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15(1)(B). EWS’s motion to dismiss the complaint is therefore denied without any prejudice to its
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ability to challenge the sufficiency of the first amended complaint.
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IT IS SO ORDERED.
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Dated: February 12, 2016
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______________________________________
RICHARD SEEBORG
United States District Judge