UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
January 27, 2010
PRESCOTT COMPANIES, INC., PLAINTIFF,
MT. VERNON FIRE INSURANCE COMPANY, DEFENDANT.
The opinion of the court was delivered by: Honorable Barry Ted Moskowitz United States District Judge
ORDER DENYING MOTION TO DISMISS AS MOOT
On January 19, 2010, Defendant filed a motion to dismiss Plaintiff's Complaint for failure to state a claim. On January 26, 2010, Plaintiff filed a First Amended Complaint. Due to the filing of the amended complaint, Defendant's motion to dismiss is DENIED AS MOOT. This order is without prejudice to any motions Defendant may wish to file in response to the First Amended Complaint. If Plaintiff files a motion to dismiss the First Amended Complaint on or before February 5, 2010, Defendant may notice the motion for March12, 2010 at 11:00 a.m., the hearing date of Defendant's original motion to dismiss.
IT IS SO ORDERED.
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