Fallant v. General Motors LLC

Filing 14

ORDER by Judge Seeborg granting #12 Motion to Dismiss, with leave to amend. (rslc1, COURT STAFF) (Filed on 1/18/2024)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RALPH FALLANT,

Case No. 23-cv-06709-RS

Plaintiff,
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United States District Court
Northern District of California

v.

ORDER GRANTING MOTION TO
DISMISS, WITH LEAVE TO AMEND

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GENERAL MOTORS LLC,
Defendant.

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Defendant seeks dismissal of the operative complaint’s fourth and fifth claims for relief. In

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response, plaintiff does not defend the current pleading, but requests leave to amend, arguing he

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can allege facts sufficient to state a claim under the challenged theories of liability. Pursuant to

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Civil Local Rule 7-1(b), the matter is suitable for disposition without oral argument and the

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hearing set for February 8, 2024, is vacated. The motion to dismiss is granted. Without prejudice

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to defendant’s right to challenge the adequacy of any amendments, plaintiff may file an amended

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complaint within ten days of the date of this order.

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IT IS SO ORDERED.

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Dated: January 18, 2024
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RICHARD SEEBORG
Chief United States District Judge