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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1 2 3 4 UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 OAKLAND DIVISION 7 MARY SWEARINGEN and ROBERT FIGY, Case No: C 13-4541 SBA 8 individually and on behalf of all others similarly situated, 9 ORDER DENYING MOTION TO DISMISS Plaintiffs, Docket 15 10 v. 11 ATTUNE FOODS, INC., 12 Defendant. 13 14 On January 15, 2014, Defendant filed a motion to dismiss the complaint under Rule 15 12(b) of the Federal Rules of Civil Procedure. Dkt. 15. On January 29, 2014, Plaintiffs 16 filed a first amended complaint. Dkt. 18. Under Rule 15 of the Federal Rules of Civil 17 Procedure, a party may amend its pleading once as a matter of course within 21 days after 18 service of a motion under Rule 12(b). Fed.R.Civ.P. 15(a)(1)(B). 19 Accordingly, 20 IT IS HEREBY ORDERED THAT: 21 1. Defendant’s motion to dismiss the complaint is DENIED as MOOT. 22 2. This Order terminates Docket 15. 23 IT IS SO ORDERED. 24 25 26 27 28 Dated: 2/4/2014 _______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge

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