Washington v. State Farm Insurance et al

Filing 17

ORDER granting 3 State Farm's Motion to Dismiss. Defendant's 4 Motion to Transfer and 15 Plaintiff's Motion for Summary Judgment are Denied as Moot. If Plaintiff wishes to proceed with this case, he should file a First Amended Complaint that complies with Federal Rule of Civil Procedure 8 on or before December 28, 2009. Signed by Judge Dana M. Sabraw on 12/3/09. (All non-registered users served via U.S. Mail Service)(lao) (kaj).

1 2 3 4 5 6 7 8 9 10 11 JAN WASHINGTON, 12 13 15 16 17
vs. William Terry, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) Case No. 09-CV-2184-DMS-BLM ORDER GRANTING STATE FARM'S MOTION TO DISMISS

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

14 STATE FARM INSURANCE,
Defendant.

[Docket Nos. 3, 4, 15]

This case comes before the Court on Defendant's motion to dismiss pursuant to Federal

18 Rules of Civil Procedure 8 and 12(b)(6). Plaintiff filed an opposition to the motion, 1 and 19 Defendant filed a response thereto.
After full consideration of the briefs, and good cause

20 appearing, Defendant's motion to dismiss is granted. 2 If Plaintiff wishes to proceed with this case, 21 he should file a First Amended Complaint that complies with Federal Rule of Civil Procedure 8 on 22 or before December 28, 2009. Plaintiff is cautioned that if his First Amended Complaint does not 23 / / / 24 The Court notes Plaintiff did not serve a copy of his opposition, or his other recent 25 filings, on defense counsel. Plaintiff is reminded of his obligation to serve opposing counsel with copies of all papers he files with the Court, and to attach proof of that service 26 to his documents. See Local Civil Rule 5.2. 27 28 In light of this ruling, Defendant's motion to transfer and Plaintiff's motion for summary judgment are denied as moot. 1
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ORDER GRANTING STATE FARM'S MOTION TO DISMISS
48190.1 SF-29525

09-CV-2184-DMS-BLM

1 comply with this Rule, his case will be dismissed with prejudice and without further leave to 2 amend. 3 Dated: December 3, 2009 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
ORDER GRANTING STATE FARM'S MOTION TO DISMISS
48190.1 SF-29525

_____________________________________ _______________________________ Dana M. Sabraw United States District Judge

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09-CV-2184-DMS-BLM