Han et al v. Synergy Homecare Franchising, LLC

Filing 43

ORDER by Judge Kandis A. Westmore denying 37 Administrative Motion to delay ruling on pending motion to dismiss. (kawlc1, COURT STAFF) (Filed on 12/20/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JOHN HAN, ET AL., Case No. 4:16-cv-03759-KAW Plaintiffs, 8 ORDER DENYING PLAINTIFFS' ADMINISTRATIVE MOTION TO CHANGE TIME v. 9 10 SYNERGY HOMECARE FRANCHISING, LLC, Defendant. 11 United States District Court Northern District of California Re: Dkt. No. 37 On December 1, 2016, the Court held a hearing on Defendant’s motion to dismiss the 12 13 complaint and compel arbitration. On December 6, 2016, Plaintiffs filed an administrative motion 14 to change time and requested that the Court not issue an order on the motion to dismiss before 15 January 12, 2017 to allow Plaintiffs time to prepare and file a motion for leave to file a first 16 amended complaint. (Pls.’ Mot., Dkt. No. 37.) On December 14, 2016, Defendant filed an 17 opposition, which was untimely. (Def.’s Opp’n, Dkt. No. 40.) 18 Notwithstanding, Plaintiffs have provided no reason why the Court should refrain from 19 ruling on the pending motion, which was filed on July 12, 2016. Indeed, Plaintiff’s had an 20 opportunity to file an amended complaint pursuant to Federal Rule of Civil Procedure 15(a)(1)(B), 21 which permits a party to amend its pleading once as a matter of course within 21 days of being 22 served with a motion under Rule 12(b). Plaintiffs did not do so. The Court further notes that the 23 merits of the motion to dismiss—specifically the arbitrability issue—are likely unaffected by 24 potential amendment. If Plaintiffs wish to add other claims, they may seek leave to do so at a later 25 date. 26 27 28 IT IS SO ORDERED. Dated: December 20, 2016 __________________________________ KANDIS A. WESTMORE United States Magistrate Judge

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