Mosley v. Groupon Inc., et.al.

Filing 91

ORDER GRANTING MOTION FOR LEAVE TO FILE AMENDED COMPLAINT, VACATING HEARING, AND DENYING 72 MOTION TO DISMISS AS MOOT. Amended Pleadings due by 5/6/2016.Signed by Judge Beth Labson Freeman on 4/8/2016. (blflc2S, COURT STAFF) (Filed on 4/8/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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WILLIAM MOSLEY, et al.,

Case No. 15-cv-01205-BLF

Plaintiffs,
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v.
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GROUPON, INC., et al.,

ORDER GRANTING MOTION FOR
LEAVE TO FILE AMENDED
COMPLAINT, VACATING HEARING,
AND DENYING MOTION TO DISMISS
AS MOOT

Defendants.

United States District Court
Northern District of California

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One week after Judge Grewal deemed Defendant Groupon, Inc. to have admitted each of

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Plaintiffs’ requests for admissions by failing to respond to them, ECF 52, Plaintiffs filed their First

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Amended Complaint (“FAC”), ECF 53. The FAC draws heavily on those admissions. For

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example, in the first paragraph, Plaintiffs allege that Groupon “admits that it ‘intended to deceive

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the public’” and “admits that it knew that [Defendant] ADP was sending unlicensed technicians to

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customers’ homes through [a] Groupon Deal.” FAC ¶ 1.

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Defendants moved to withdraw those admissions on December 1, 2015, ECF 69, and

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moved to dismiss the FAC on December 15, 2016. ECF 72. In their opposition to the Motion to

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Dismiss, Plaintiffs included the following footnote: “If Judge Grewal grants Groupon’s motion to

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withdraw admissions, Plaintiffs will need, and request leave, to amend the complaint to remove

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the currently deemed admissions and otherwise amend the complaint.” Opp. at 5, n. 1, ECF 77.

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Judge Grewal subsequently granted Defendants’ motion to withdraw admissions. ECF 83.

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In light of this procedural history, the Court construes Plaintiffs’ statement as a Motion for

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Leave to File an Amended Complaint. In the interest of judicial economy, the Court GRANTS the

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motion for leave. Accordingly, the Court also DENIES as moot and without prejudice Defendants’

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Motion to Dismiss and VACATES the hearing set for the Motion to Dismiss on April 21, 2016.

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Plaintiffs must file their Second Amended Complaint by no later than May 6, 2016.
IT IS SO ORDERED.

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Dated: April 8, 2016
______________________________________
BETH LABSON FREEMAN
United States District Judge

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United States District Court
Northern District of California

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