Stacey v. Legal Recovery Law Offices, Inc. et al

Filing 9

ORDER granting 4 Joint Motion for Extension of Time to Answer, accepting Amended Complaint as filed, and denying as moot 5 Motion to Dismiss. The hearing currently on calendar for Monday, June 10, 2013 at 11:30am is vacated. Signed by Judge Larry Alan Burns on 6/5/13. (kaj)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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MELISSA STACEY,

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CASE NO. 13cv494-LAB (NLS)
Plaintiff,

ORDER GRANTING JOINT
MOTION FOR EXTENSION OF
TIME TO ANSWER;

vs.

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ORDER ACCEPTING AMENDED
COMPLAINT AS FILED; AND

LEGAL RECOVERY LAW OFFICES,
INC., et al.

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ORDER DENYING AS MOOT
MOTION TO DISMISS

Defendants.

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On April 17, 2013, the parties jointly moved to extend the time by which Defendants

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must answer or otherwise respond. Then on April 26 they filed a motion to dismiss, which,

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under Fed. R. Civ. P. 12(a)(4), extends the time to respond. The Court will therefore treat the

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joint motion as a motion to permit Defendants to file their motion to dismiss after the usual

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deadline. So construed, the joint motion is GRANTED. Defendants need not answer or

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otherwise respond until the time prescribed by Rule 12(a)(4).

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After the motion to dismiss was filed, Plaintiff filed an amended complaint. (Docket

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no. 6.) The amended complaint was untimely, under Fed. R. Civ. P. 15(a)(1)(B). But in view

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of the Federal Rules’ admonition that the Court should freely give leave to amend when

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justice so requires, see Rule 15(a)(2), the amended complaint is ACCEPTED AS FILED.

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13cv494

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In spite of having filed the amended complaint, Plaintiff Melissa Stacey filed an

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opposition to the motion to dismiss claiming the original complaint was acceptable, but in the

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alternative requesting leave to amend. Apparently this was Stacey’s fall-back position, in

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case the late-filed amended complaint was not accepted.

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Because the amended complaint is being accepted as filed, the motion to dismiss is

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DENIED AS MOOT and the hearing currently on calendar for Monday, June 10, 2013 at

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11:30 a.m. is VACATED.

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IT IS SO ORDERED.
DATED: June 5, 2013

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HONORABLE LARRY ALAN BURNS
United States District Judge

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13cv494