Newman v. United States of America et al

Filing 40

ORDER RE PENDING MOTION TO DISMISS re 39 Amended Complaint filed by Jeremy Andrew Newman, 32 MOTION to Dismiss filed by United States of America Signed by Judge Alsup on 8/16/2017. (whalc1, COURT STAFF) (Filed on 8/16/2017)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JEREMY NEWMAN,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 16-06477 WHA

v.
UNITED STATES OF AMERICA, and
ONASSIS BATISTA,

ORDER RE PENDING
MOTION TO DISMISS

Defendants.

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On August 1, defendants United States of America and Onassis Batista, filed a

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motion to dismiss the complaint (Dkt. No. 32). On August 15, plaintiff Jeremy Newman

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filed an amended complaint (Dkt. No. 39). By AUGUST 22 AT NOON, defendants shall please

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advise the Court as to whether the pending motion to dismiss should be denied as moot, or

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whether defendants would prefer to proceed on said motion as if it were directed to the

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amended complaint. If the latter, then a new briefing and hearing schedule will be set

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accordingly.

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IT IS SO ORDERED.

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Dated: August 16, 2017.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE