Webster Proctor v. Nike Retail Services, Inc. et al

Filing 14

ORDER by Judge Yvonne Gonzalez Rogers denying as moot 10 Motion to Dismiss. The 4/3/12 hearing date is vacated. (fs, COURT STAFF) (Filed on 3/19/2012)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 9 10 WEBSTER PROCTOR, on behalf of himself 11 and all others similarly situated, Northern District of California United States District Court 14 15 ORDER DENYING MOTION TO DISMISS AS MOOT Plaintiff, 12 13 Case No.: 11-CV-6711 YGR vs. NIKE RETAIL SERVICES, INC., et al., Defendants. 16 17 On February 22, 2012, Defendants Nike Inc., Nike Retail Services, Inc. and Nike USA, Inc. 18 filed their Motion to Dismiss or Strike Portions of Complaint Pursuant to Federal Rules of Civil 19 Procedure 12(b)(6) and 12(f) (Dkt. No. 10). 20 On March 14, 2012, Plaintiff filed an amended complaint pursuant to Federal Rule of Civil 21 Procedure 15(a)(1(B). In light of the filing of the amended complaint, the Motion to Dismiss is 22 DENIED as moot. The hearing set for April 3, 2012, is VACATED. 23 IT IS SO ORDERED. 24 25 26 27 28 March 19, 2012 _______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE

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