Alviso et al v. City of San Rafael

Filing 24

Order by Hon. Phyllis J. Hamilton denying as moot 15 Motion to Dismiss.(pjhlc2S, COURT STAFF) (Filed on 3/1/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ANTHONY ALVISO, et al., 9 v. ORDER DENYING MOTION TO DISMISS AS MOOT 10 CITY OF SAN RAFAEL, 11 United States District Court Northern District of California Case No. 16-cv-07056-PJH Plaintiffs, 8 Defendant. Re: Dkt. No. 15 12 13 14 Before the court is defendant’s motion to dismiss the complaint. Dkt. 15. 15 Pursuant to Federal Rule of Civil Procedure 15(a)(1)(B), plaintiffs filed an amended 16 complaint on February 28, 2017. Dkt. 23. As a result, defendant’s motion to dismiss the 17 original complaint is DENIED as MOOT, without prejudice to defendant filing a motion to 18 dismiss the amended complaint. The hearing noticed for March 22 is also hereby 19 VACATED. 20 21 IT IS SO ORDERED. Dated: March 1, 2017 22 23 24 25 26 27 28 __________________________________ PHYLLIS J. HAMILTON United States District Judge

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