O'M and Associates, LLC et al v. Ozanne et al

Filing 123

ORDER denying Defendant Matthew Stoen's 104 Motion to Dismiss without prejudice. Signed by Judge Marilyn L. Huff on 3/15/11. (All non-registered users served via U.S. Mail Service)(rlu)

-RBB O'M and Associates, LLC et al v. Ozanne et al

Doc. 123

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 vs. 16 17 18 19 20 21 22 23 24 On January 31, 2011, Defendant Matthew Stoen ("Stoen") filed a motion to dismiss BRENDAN K. OZANNE, BRIAN C. DAWSON, AND DAWSON & OZANNE, a California general partnership, as escrow agent; MATTHEW STOEN, individually and as manager and agent for KODIAK FAMILY, LLC, a Nevada limited liability company; KODIAK FAMILY, LLC, individually and as agent for XYZ CORPORATION, Defendants. O'M AND ASSOCIATES, LLC, an Illinois limited liability company, d/b/a O'Malley and Associates; PRESERVE CAPITAL, LLC, an Illinois limited liability company; and MBM SETTLEMENTS, LLC, an Illinois limited liability company, Plaintiffs, CASE NO. 10-CV-2130 H (RBB) ORDER DENYING DEFENDANT MATTHEW STOEN'S MOTION TO DISMISS WITHOUT PREJUDICE [Doc. No. 104]

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

25 Counts I, III, IV, V, VI, VIII, and IX of Plaintiffs' complaint. (Doc. No. 104.) On February 26 23, 2011, Plaintiffs filed a motion for leave to amend complaint in lieu of response to the 27 motion to dismiss. (Doc. No. 23.) On February 25, 2011, the Court, recognizing that leave 28 to amend is freely granted, issued a tentative order stating it was inclined to grant the motion
-110cv2130

Dockets.Justia.com

1 for leave to amend the complaint, which would render Defendant Stoen's motion to dismiss 2 as moot. (Doc. No. 113.) The Court directed Defendants to file any opposition to the tentative 3 order by March 4, 2011. (Id.) Defendants did not file any opposition. On March 8, 2011, the 4 Court adopted its tentative order and granted Plaintiff's motion for leave to amend the 5 complaint. (Doc. No. 121.) In light of granting leave to file an amended complaint, the Court 6 DENIES WITHOUT PREJUDICE Defendant Stoen's motion to dismiss the original 7 complaint. 8 IT IS SO ORDERED.

9 Dated: March 15, 2011 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
-210cv2130

________________________________ MARILYN L. HUFF, District Judge UNITED STATES DISTRICT COURT