Krylova v. Genentech, Inc.
ORDER re motion to dismiss. Signed by Judge Hamilton on 11/27/2012. (pjhlc2, COURT STAFF) (Filed on 11/27/2012)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
No. C 12-4120 PJH
ORDER RE MOTION TO DISMISS
The court is in receipt of a letter filed today by Richard M. Rogers, counsel for
plaintiff Irina Krylova in the above-captioned matter. The letter states that plaintiff has filed
a first amended complaint “pursuant to written agreement,” and that “[t]he parties assume
that the motion to dismiss will be dropped from the November 28, 2012 calendar.” See Dkt.
24. However, because plaintiff may no longer file an amended complaint as a matter of
course under Rule 15(a), plaintiff must file a stipulation containing “the opposing party’s
written consent” to file the amended complaint. Until such a stipulation is filed, plaintiff’s
amended complaint will not be accepted. Further, in order to vacate the November 28
hearing, defendant Genentech Inc. must file a notice of withdrawal of its motion to dismiss.
Plaintiff has until 5 p.m. today to submit a stipulation to file an amended complaint, and
defendant has until 5 p.m. today to file a notice of withdrawal of its motion to dismiss. If
defendant’s motion is not properly withdrawn, both parties are ordered to appear at the
IT IS SO ORDERED.
Dated: November 27, 2012
PHYLLIS J. HAMILTON
United States District Judge
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