Wong v. McHugh et.al.

Filing 44

ORDER by Judge Yvonne Gonzalez Rogers denying 23 Motion to Dismiss as Moot. The Hearing set for August 18, 2015 is therefore vacated. (fs, COURT STAFF) (Filed on 7/29/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CONNIE WONG,

Case No. 15-cv-01127-YGR

Plaintiff,
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v.

ORDER DENYING MOTIONS TO DISMISS AS
MOOT

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JOHN M. MCHUGH, SECRETARY OF THE
ARMY, ET AL.,

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Defendants.

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Re: Dkt. Nos. 23, 38

The initial complaint in this action was filed on March 16, 2015. (Dkt. No. 1

United States District Court
Northern District of California

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(“Complaint”).) On May 21, 2015, defendants Michigan Department of Military and Veterans

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Affairs and Gregory Vadnais (“Michigan Defendants”) filed a Motion to Dismiss the Complaint.

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(Dkt. No. 23.) Plaintiff filed an opposition thereto on June 11, 2015. (Dkt. No. 34.) Thereafter,

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on July 9, 2015, defendants Deborah Lee James, John M. McHugh, David S. Baldwin, Matthew

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Beevers, Jon K. Kelk, Randall Ball, Nathaniel S. Reddicks, Steven Butow, Thomas Keegan,

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William Martin, Sean Maltbie, Ronald W. Wilson, and the California Military Department

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(“Federal Defendants”) also filed a Motion to Dismiss the Complaint. (Dkt. No. 38.)

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On July 23, 2015, the plaintiff filed an amended complaint pursuant to Federal Rule of

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Civil Procedure 15(a)(1)(B). (Dkt. No. 40 (“FAC”).) Thereafter, the Federal Defendants filed a

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notice of withdrawal of their motion to dismiss. (Dkt. No. 43.) The Michigan Defendants have

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yet to file such a notice. In light of the filing of the FAC, the Michigan Defendants’ Motion to

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Dismiss is DENIED as moot. The hearing set for August 18, 2015 is therefore VACATED.
This Order terminates Docket Number 23.
IT IS SO ORDERED.
Dated: July 29, 2015
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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE