Welk Resort Group, Inc. et al v. Reed Hein & Associates, LLC et al

Filing 39

ORDER Denying as Moot Motions to Dismiss and Strike the First Amended Complaint(Doc. No.s 30 , 31 , 32 , and 33 ). Signed by Judge M. James Lorenz on October 30, 2017. (dsn)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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WELK RESORT GROUP, INC. et al.,

Case No.: 17cv1499-L(AGS)

Plaintiffs,

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v.

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ORDER DENYING AS MOOT
MOTIONS TO DISMISS AND
STRIKE THE FIRST AMENDED
COMPLAINT

REED HEIN &ASSOCIATES, LLC, et
al.,

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Defendants.

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In light of Plaintiffs' filing of the second amended complaint in lieu of opposing

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them, the motions to dismiss first amended complaint filed by Defendants Reed Hein &

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Associates, LLC ("Reed Hein"), Ken B. Privett, PLC and Schroeter Goldmark & Bender,

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P.S. ("Schroeter"), respectively, and motions to strike filed by Schroeter and Reed Hein

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(docs. 18, 19, 20 & 24), are hereby denied as moot. See Ramirez v. County of San

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Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015). To the extent any Defendant intends to

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raise an issue of prevailing party attorneys' fees arising from the fact that certain causes

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17cv1499-L(AGS)

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of action alleged in the first amended complaint are not re-alleged in the second amended

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complaint, the issue shall be briefed in a Rule 54 motion for attorneys' fees, if any.

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IT IS SO ORDERED.

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Dated: October 30, 2017

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17cv1499-L(AGS)