Reyes v. Snoozetown, LLC et al

Filing 13

ORDER: (1) Denying as Moot Defendants' 7 Motion to Dismiss; (2) Vacating Motion Hearing Date. Signed by Judge Marilyn L. Huff on 5/17/2018. (mpl)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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JAIME REYES,

Case No.: 3:18-cv-00498-H-JLB
Plaintiff,

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SNOOZETOWN, LLC doing business as
SNOOZE AN A.M. EATERY also known
as SNOOZE DEL MAR; DEL MAR
HIGHLANDS TOWN CENTER
ASSOCIATES II, LLC; and DOES 1-10,
Inclusive,

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ORDER:

v.

Defendants.

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(1) DENYING AS MOOT
DEFENDANTS’ MOTION TO
DISMISS
[Doc. No. 7]
(2) VACATING MOTION HEARING
DATE

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On March 7, 2018, Plaintiff Jaime Reyes (“Plaintiff”), represented by counsel, filed

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a complaint against Defendant Snoozetown, LLC doing business as Snooze an A.M. Eatery

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also known as Snooze Del Mar, and Defendant Del Mar Highlands Town Center

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Associates II, LLC (collectively, “Defendants”), alleging violations of the Americans with

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Disabilities Act and California state law. (Doc. No. 1.) Plaintiff also filed a motion for

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leave to proceed in forma pauperis, which the Court granted on March 12, 2018. (Doc.

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Nos. 2, 4.)
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3:18-cv-00498-H-JLB

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On May 3, 2018, Defendants filed a motion to dismiss, which is set for a hearing on

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June 11, 2018. (Doc. No. 7.) Rather than oppose Defendants’ motion, Plaintiff filed an

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amended Complaint on May 16, 2018. (Doc. No. 7.) See Fed. R. Civ. P. 15(a)(1)(B)

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(permitting plaintiffs to file an amended complaint as a matter of right within “21 days

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after the service of a motion under Rule 12(b)”).

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Because Plaintiff’s Amended Complaint supersedes his original complaint, the

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Court DENIES AS MOOT Defendants’ motion to dismiss the original complaint. See

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Ramirez v. County of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015). The Court

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directs the Clerk to VACATE the hearing on Defendants’ motion, currently scheduled for

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June 11, 2018. Defendants shall file any response to the Amended Complaint on or before

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May 30, 2018. See Fed. R. Civ. P. 15(a)(3).

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IT IS SO ORDERED.
DATED: May 17, 2018

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MARILYN L. HUFF, District Judge
UNITED STATES DISTRICT COURT

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3:18-cv-00498-H-JLB