Edd King et al v. National General Insurance Company et al

Filing 29

ORDER, Motions terminated: 16 MOTION to Dismiss, 17 MOTION to Strike. Signed by Magistrate Judge Donna M. Ryu on 03/25/15. (dmrlc2, COURT STAFF) (Filed on 3/25/2015)

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1 2 3 4 UNITED STATES D D DISTRICT C COURT 5 NORTHER DISTRIC OF CALI RN CT IFORNIA 6 7 ED KING, et al., DD e Case No. 1 15-cv-00313 3-DMR Plaintiffs, 8 v. ORDER D DENYING M MOTION T TO DISMISS AND MOT TION TO ST TRIKE AS MOOT T 9 NATIONAL GENERAL INSURANC N CE COMPANY, et al., 11 United States District Court Northern District of California 10 Defendants s. Re: Dkt. N 16, 17 Nos. 12 13 Defend dants filed motions to stri and to di ike ismiss the co omplaint on March 3, 20 015. On 14 Ma arch 24, 2015, Plaintiffs filed a First Amended C Complaint. P Pursuant to F Federal Rule of Civil e 15 Pro ocedure 15(a ā€œ[a] party may amend its pleading once as a m a), y d g matter of cou within: (A) 21 days urse 16 afte serving it, or (B) if the pleading is one to whic a respons pleading is required 21 days er , s ch sive g d, 17 afte service of a responsiv pleading or 21 days af service o a motion u er f ve o fter of under Rule 1 12(b), (e), or r 18 (f), whichever is earlier.ā€ , 19 20 Because Plaintiffs have timely filed the Fir st Amended Complaint, Defendants motion to h d sā€™ dis smiss and mo otion to strik are denied as moot. ke d 21 22 23 24 25 26 27 28 IT IS SO ORDER S RED. Da ated: March 25, 2015 2 ___ __________ ___________ __________ ________ Donna M. Ryu Un nited States M Magistrate J Judge

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