Areas USA SJC, LLC v. Mission San Jose Airport, LLC et al

Filing 28

ORDER DENYING AS MOOT 22 PLAINTIFF'S MOTION TO DISMISS AND 23 PLAINTIFF'S MOTION TO STRIKE. Signed by Judge Howard R. Lloyd ON 12/13/2011. (hrllc1, COURT STAFF) (Filed on 12/13/2011)

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** E-filed December 13, 2011 **

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

NOT FOR CITATION

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United States District Court

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SAN JOSE DIVISION

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AREAS USA SJC LLC,
Plaintiff,

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v.
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MISSION SAN JOSE AIRPORT LLC; and
MISSION YOGURT, INC.,

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Defendants.
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No. C11-04487 HRL
ORDER (1) DENYING AS MOOT
PLAINTIFF’S MOTION TO DISMISS
DEFENDANT’S COUNTERCLAIMS
AND (2) DENYING AS MOOT
PLAINTIFF’S MOTION TO STRIKE
DEFENDANT’S AFFIRMATIVE
DEFENSES
[Re: Docket No. 22, 23]

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Plaintiff Areas USA SJC LLC (“Areas”) sued Mission San Jose Airport LLC and Mission

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Yogurt, Inc. (collectively “Mission” or “defendants”) alleging breach of a subcontract entered by

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and between the parties for the development and operation of a concession stand in the Norman J.

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Mineta San Jose International Airport. Dkt. No. 1 (“Complaint”). Mission answered the complaint

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and counterclaimed for fraud in the inducement and intentional misrepresentation. Dkt. No. 11

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(“Answer”). Areas now moves to dismiss Mission’s counterclaims and to strike Mission’s

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affirmative defenses. Dkt. Nos. 22, 23. Rather than filing opposition briefs to the motions,

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defendants filed an

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Amended Answer on December 6, 2011, 21 days after plaintiff filed its motions. Dkt. No. 27.

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A party may amend its pleading once as a matter of course within 21 days after service of a

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motion under Fed. R. Civ. P. 12(b). Fed. R. Civ. P. 15(a)(1)(B). As the Amended Answer was

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timely filed, it is now the operative responsive pleading by defendants. Therefore, the plaintiff’s

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motions to dismiss and to strike are DENIED as MOOT. The hearing currently set for December 13,

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2011 is VACATED.

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IT IS SO ORDERED.
Dated: December 13, 2011
HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE

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For the Northern District of California

United States District Court

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C11-04487 HRL Notice will be electronically mailed to:

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Karen Leeann Bohmholdt
Scott Donald Bertzyk
Denise Michelle Mayo
Daniel Thomas Rockey

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[e-mail]
[e-mail]
[e-mail]
[e-mail]

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Counsel are responsible for distributing copies of this document to co-counsel who have not
registered for e-filing under the court’s CM/ECF program.

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For the Northern District of California

United States District Court

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