Perryment v. Sky Chefs, Inc.

Filing 10

ORDER terminating 7 MOTION to Dismiss - Motion to Partially Dismiss the Complaint filed by Sky Chefs, Inc., in light of Plaintiff's 9 MOTION for Leave to File First Amended Complaint, which will be considered to be a first amended complaint since it was filed within 21 days of the motion to dismiss. Plaintiff shall immediately file a copy of the first amended complaint as a new docket entry. Signed by Judge Kandis A. Westmore on 7/26/2016. (kawlc1, COURT STAFF) (Filed on 7/26/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LINDA PERRYMENT,

Case No. 16-cv-04015-KAW

Plaintiff,
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ORDER TERMINATING MOTION TO
DISMISS

v.
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SKY CHEFS, INC.,
Defendant.

Dkt. No. 7

United States District Court
Northern District of California

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On July 21, 2016, Defendant Sky Chefs, Inc. filed a motion to dismiss Plaintiff Linda

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Perryment’s initial complaint. (Dkt. No. 7.) On July 25, 2016, Plaintiff filed a motion for leave to

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file a first amended complaint, in which she attached the proposed amended complaint. (Dkt. No.

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9.)

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Under Federal Rule of Civil Procedure 15(a)(1)(B), a party may amend its pleading once

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as a matter of course within 21 days of being served with a motion under Rule 12(b). The Court

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will consider the motion for leave as the first amended complaint. Since it was filed fewer than 21

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days after service of the 12(b)(6) motion, the Court TERMINATES the pending motion to

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dismiss, as the operative complaint is now the first amended complaint. Plaintiff shall

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immediately electronically file a copy of the first amended complaint as a new docket entry.

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IT IS SO ORDERED.
Dated: July 26, 2016
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KANDIS A. WESTMORE
United States Magistrate Judge