Montoya v. General Electric Capital Corporation

Filing 16

ORDER by Judge Yvonne Gonzalez Rogers terminating as moot 7 Motion to Dismiss. The hearing scheduled for 12/10/2013 is VACATED. (fs, COURT STAFF) (Filed on 11/20/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARLON MONTOYA,

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United States District Court
Northern District of California

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Plaintiff,

Case No.: 13-cv-04612-YGR
ORDER TERMINATING MOTION TO DISMISS
(DKT. NO. 7)

vs.
GENERAL ELECTRIC CAPITAL
CORPORATION,
Defendant.
Defendant filed a Motion to Dismiss Plaintiff’s First Cause of Action for Failure to State a
Claim Upon Which Relief Can Be Granted on October 11, 2013. (Dkt. No. 7.) On October 24,
2013, Plaintiff filed a First Amended Complaint. (Dkt. No. 14.)
Federal Rule of Civil Procedure 15(a) provides that a party may amend a pleading—here,
the complaint—once as a matter of course if filed within 21 days after service of a motion under
Rule 12(b), (e), or (f). Plaintiff’s First Amended Complaint was filed within the permitted time
period after Defendant filed its Motion to Dismiss. As such, that complaint is the operative
complaint in this action.
In light of the above, Defendant’s Motion to Dismiss (Dkt. No. 7) is hereby TERMINATED
as moot. The hearing scheduled for December 10, 2013 is hereby VACATED.
The hearing scheduled on Defendant’s Motion to Dismiss Plaintiff’s First Cause of Action
for Failure to State Claim Upon Which Relief Can Be Granted From His First Amended Complaint
(Dkt. No. 15) remains on calendar for January 21, 2014 at 2:00 p.m.
This Order terminates Dkt. No. 7.
IT IS SO ORDERED.

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Date: November 20, 2013

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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE