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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 JEREMY NEWMAN, 11 For the Northern District of California United States District Court 10 12 13 14 Plaintiff, No. C 16-06477 WHA v. UNITED STATES OF AMERICA, and ONASSIS BATISTA, ORDER RE PENDING MOTION TO DISMISS Defendants. 15 / 16 17 On August 1, defendants United States of America and Onassis Batista, filed a 18 motion to dismiss the complaint (Dkt. No. 32). On August 15, plaintiff Jeremy Newman 19 filed an amended complaint (Dkt. No. 39). By AUGUST 22 AT NOON, defendants shall please 20 advise the Court as to whether the pending motion to dismiss should be denied as moot, or 21 whether defendants would prefer to proceed on said motion as if it were directed to the 22 amended complaint. If the latter, then a new briefing and hearing schedule will be set 23 accordingly. 24 25 IT IS SO ORDERED. 26 27 28 Dated: August 16, 2017. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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