Macho v. First National Insurance Company of America

Filing 23

ORDER re: Plaintiff's 19 Motion to Continue Defendant's Motion to Dismiss. It is ORDERED that Defendant's Motion for Dismissal under FRCP 12(b)(6) is STAYED pending a ruling on Plaintiff's 16 Motion to Amend the Complaint. Defendant is requested to re-note the motion (if desired) following a ruling on the motion to amend. Signed by Judge Marsha J. Pechman. (PM)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 KEVIN MACHO, Plaintiff, 11 ORDER STAYING PENDING MOTION TO DISMISS v. 12 13 CASE NO. C17-5562 MJP FIRST NATIONAL INSURANCE COMPANY OF AMERICA, 14 Defendant. 15 16 17 18 On October 17, 2017, Defendant filed a Motion for Dismissal under FRCP 12(b)(6). (Dkt. No. 15.) Two days later, Plaintiff filed a Motion to Amend the Complaint. (Dkt. No. 16.) Plaintiff has now filed a motion to stay Defendant’s motion to dismiss until a ruling on 19 his motion to amend the complaint. Defendant has indicated no objection to the motion to stay. 20 Accordingly, 21 IT IS ORDERED that Defendant’s Motion for Dismissal under FRCP 12(b)(6) is 22 STAYED pending a ruling on Plaintiff’s Motion to Amend the Complaint. Defendant is 23 requested to re-note the motion (if desired) following a ruling on the motion to amend. 24 ORDER STAYING PENDING MOTION TO DISMISS - 1 1 The clerk is ordered to provide copies of this order to all counsel. 2 Dated: October 26, 2017. 4 A 5 Marsha J. Pechman United States District Judge 3 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDER STAYING PENDING MOTION TO DISMISS - 2

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