Abbas v. Outerwall Inc et al

Filing 40

ORDER Concerning Oral Argument on Defendants' 34 Motion to Dismiss, by Judge James L. Robart. (SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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In re: OUTERWALL, INC., et al.,
STOCKHOLDER LITIGATION

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This Order Relates to: ALL
ACTIONS

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MASTER DOCKET NO.
C16-1275JLR
(consolidated with Nos.
C16-1281JLR, C16-1285JLR,
C16-1316JLR, C16-1329JLR )
ORDER CONCERNING ORAL
ARGUMENT ON DEFENDANTS’
MOTION TO DISMISS

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In their memoranda related to Defendants’ motion to dismiss (MTD (Dkt. # 34)),

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the parties fail to address the issue of whether the court should grant leave to amend the

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complaint. (See generally MTD; Resp. (Dkt. # 37); Reply (Dkt. # 38).) The court has

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not decided any of the issues presented in Defendants’ motion at this time. Nevertheless,

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at oral argument, counsel should be prepared to address whether the court should grant

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leave to amend if the court were to dismiss Plaintiffs’ claims based on the “bespeaks

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//

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ORDER - 1

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caution” doctrine or whether granting such leave under those circumstances would be

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futile.

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Dated this 9th day of November, 2017.

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A

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JAMES L. ROBART
United States District Judge

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ORDER - 2