Rimini Street, Inc. v. Oracle International Corporation

Filing 576

ORDER defendant/counter-claimants' motion to dismiss claims two through six of plaintiff's second amended complaint ECF No. 400 is DENIED without prejudice; plaintiff's motion for a hearing on defendant/counterclaimants' motion ECF No. 404 is DENIED as moot. Signed by Judge Larry R. Hicks on 09/12/2017. (Copies have been distributed pursuant to the NEF - KW)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 RIMINI STREET, INC. a Nevada Corporation; 10 Plaintiff, Case No. 2:14-cv-1699-LRH-CWH 11 v. 12 13 14 15 16 17 ORDER ORACLE INTERNATIONAL CORPORATION, a California Corporation, Defendant. _____________________________________ ORACLE AMERICA, INC., a Delaware Corporation; and ORACLE INTERNATIONAL CORPORATION, 18 Plaintiff, 19 v. 20 21 RIMINI STREET, INC.; and SETH RAVIN, an individual, 22 Counter-defendants. 23 Before the court is defendant and counter-claimants Oracle International Corporation and 24 25 Oracle America, Inc.’s (collectively “Oracle”) motion to dismiss claims two through six of 26 plaintiff Rimini Street, Inc.’s (“Rimini Street”) second amended complaint (ECF No. 367). 27 ECF No. 400. 28 /// 1 1 After the filing of the Oracle’s motion, Rimini Street filed a motion for leave to file a 2 third amended complaint (ECF No. 465) which was granted by the court (ECF No. 486). 3 Thereafter, on May 2, 2017, Rimini Street filed its third and final amended complaint. 4 ECF No. 487. The filing of Rimini Street’s third amended complaint supersedes the second 5 amended complaint in its entirety. As such, Oracle’s motion to dismiss claims two through six of 6 the second amended complaint is now moot. Further, Oracle has already filed a separate motion 7 to dismiss claims two through eight of Rimini Street’s third amended complaint (ECF No. 505) 8 which is now fully briefed and shall be addressed by the court in a separate order. Therefore, the 9 court shall deny Oracle’s motion to dismiss claims two through six of the second amended 10 complaint. 11 12 IT IS THEREFORE ORDERED defendant/counter-claimants’ motion to dismiss claims 13 two through six of plaintiff’s second amended complaint (ECF No. 400) is DENIED without 14 prejudice. 15 16 IT IS FURTHER ORDERED that plaintiff’s motion for a hearing on defendant/counterclaimants’ motion (ECF No. 404) is DENIED as moot. 17 IT IS SO ORDERED. 18 DATED this 12th day of September, 2017. 19 __________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 2

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