CLRB Hanson Industries, LLC et al v. Google Inc.

Filing 22

ORDER by Judge James Ware finding as moot 14 Motion to Dismiss (jwlc1, COURT STAFF) (Filed on 11/28/2005)

CLRB Hanson Industries, LLC et al v. Google Inc.

Doc. 22

Case 5:05-cv-03649-JW

Document 22

Filed 11/28/2005

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 CLRB Hanson Industries, LLC et al., v. Plaintiff(s), IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA S A N JOSE DIVISION N O . C 05-03649 JW ORDER DEEMING MOOT DEFENDANT GOOGLE, INC.'S MOTION TO DISMISS

United United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Google Inc. et al., Defendant(s). /

On October 12, 2005, Defendant Google, Inc. filed a motion to dismiss Plaintiff's complaint for failure to state a claim, and noticed the motion for hearing on December 5, 2005. On November 14, 2005, Plaintiff filed a First Amended Complaint. Rule 15(a) provides that a party may amend his pleading once as a matter of course at any time before a responsive pleading is served. A motion to dismiss is not a responsive pleading within the meaning of Rule 15(a). FED. R. CIV. P. 15(a); Allwaste, Inc. v. Hecht, 65 F3d 1523, 1530 (9th Cir. 1995). Accordingly, Defendant's motion to dismiss is moot. The December 5, 2005 hearing date is vacated. Dated: November 23, 2005
05cv3649dismiss

/s/James Ware JAMES WARE United States District Judge

Dockets.Justia.com

Case 5:05-cv-03649-JW

Document 22

Filed 11/28/2005

Page 2 of 2

1 2 3 4 5 6 7 8 9 10

THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Christopher M. Jhang [e-mail] David T. Biderman [e-mail] Judith B. Gitterman [e-mail] Lisa Delehunt [e-mail] Ryan M. Hagan [e-mail] William M. Audet [e-mail] Dated: November 28, 2005 Richard W. Wieking, Clerk By: /s/JW Chambers Ronald L. Davis Courtroom Deputy

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28