Rimini Street, Inc. v. Oracle International Corporation
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)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
RIMINI STREET, INC. a Nevada Corporation;
Case No. 2:14-cv-1699-LRH-CWH
CORPORATION, a California Corporation,
ORACLE AMERICA, INC., a Delaware
Corporation; and ORACLE
RIMINI STREET, INC.; and SETH RAVIN, an
Before the court is defendant and counter-claimants Oracle International Corporation and
Oracle America, Inc.’s (collectively “Oracle”) motion to dismiss claims two through six of
plaintiff Rimini Street, Inc.’s (“Rimini Street”) second amended complaint (ECF No. 367).
ECF No. 400.
After the filing of the Oracle’s motion, Rimini Street filed a motion for leave to file a
third amended complaint (ECF No. 465) which was granted by the court (ECF No. 486).
Thereafter, on May 2, 2017, Rimini Street filed its third and final amended complaint.
ECF No. 487. The filing of Rimini Street’s third amended complaint supersedes the second
amended complaint in its entirety. As such, Oracle’s motion to dismiss claims two through six of
the second amended complaint is now moot. Further, Oracle has already filed a separate motion
to dismiss claims two through eight of Rimini Street’s third amended complaint (ECF No. 505)
which is now fully briefed and shall be addressed by the court in a separate order. Therefore, the
court shall deny Oracle’s motion to dismiss claims two through six of the second amended
IT IS THEREFORE ORDERED defendant/counter-claimants’ motion to dismiss claims
two through six of plaintiff’s second amended complaint (ECF No. 400) is DENIED without
IT IS FURTHER ORDERED that plaintiff’s motion for a hearing on defendant/counterclaimants’ motion (ECF No. 404) is DENIED as moot.
IT IS SO ORDERED.
DATED this 12th day of September, 2017.
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE
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