Swearingen et al v. Attune Foods, Inc.

Filing 19

ORDER signed by Judge Saundra Brown Armstrong on 2/4/2014 Denying 15 Motion to Dismiss. (ndr, COURT STAFF) (Filed on 2/5/2014)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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MARY SWEARINGEN and ROBERT FIGY,

Case No: C 13-4541 SBA

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similarly situated,
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ORDER DENYING
MOTION TO DISMISS

Plaintiffs,
Docket 15

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v.
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ATTUNE FOODS, INC.,
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Defendant.
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On January 15, 2014, Defendant filed a motion to dismiss the complaint under Rule

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12(b) of the Federal Rules of Civil Procedure. Dkt. 15. On January 29, 2014, Plaintiffs

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filed a first amended complaint. Dkt. 18. Under Rule 15 of the Federal Rules of Civil

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Procedure, a party may amend its pleading once as a matter of course within 21 days after

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service of a motion under Rule 12(b). Fed.R.Civ.P. 15(a)(1)(B).

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Accordingly,

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IT IS HEREBY ORDERED THAT:

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1.

Defendant’s motion to dismiss the complaint is DENIED as MOOT.

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2.

This Order terminates Docket 15.

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IT IS SO ORDERED.

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Dated:

2/4/2014

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SAUNDRA BROWN ARMSTRONG
United States District Judge