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