UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
March 15, 2011
O'M AND ASSOCIATES, LLC, ANILLINOIS LIMITED LIABILITY COMPANY, D/B/A O'MALLEY AND ASSOCIATES; PRESERVE CAPITAL, LLC, AN ILLINOIS LIMITED DEFENDANT MATTHEW LIABILITY COMPANY; AND MBM STOEN'S , LLC, AN ILLINOIS LIMITED LIABILITY COMPANY, PLAINTIFFS,
BRENDAN K. OZANNE, BRIAN C. DAWSON, AND DAWSON & OZANNE, A CALIFORNIA GENERAL PARTNERSHIP, AS ESCROW AGENT; MATTHEW STOEN, INDIVIDUALLY AND AS MANAGER AND AGENT FOR KODIAK FAMILY, LLC, A NEVADA LIMITED LIABILITY COMPANY; KODIAK FAMILY, LLC, INDIVIDUALLY AND AS AGENT FOR XYZ CORPORATION, DEFENDANTS.
The opinion of the court was delivered by: Marilyn L. Huff, District Judge United States District Court
ORDER DENYING MOTION TO SETTLEMENTS DISMISS WITHOUT PREJUDICE [Doc. No. 104]
On January 31, 2011, Defendant Matthew Stoen ("Stoen") filed a motion to dismiss Counts I, III, IV, V, VI, VIII, and IX of Plaintiffs' complaint. (Doc. No. 104.) On February 23, 2011, Plaintiffs filed a motion for leave to amend complaint in lieu of response to the motion to dismiss. (Doc. No. 23.) On February 25, 2011, the Court, recognizing that leave to amend is freely granted, issued a tentative order stating it was inclined to grant the motion for leave to amend the complaint, which would render Defendant Stoen's motion to dismiss as moot. (Doc. No. 113.) The Court directed Defendants to file any opposition to the tentative order by March 4, 2011. (Id.) Defendants did not file any opposition. On March 8, 2011, the Court adopted its tentative order and granted Plaintiff's motion for leave to amend the complaint. (Doc. No. 121.) In light of granting leave to file an amended complaint, the Court DENIES WITHOUT PREJUDICE Defendant Stoen's motion to dismiss the original complaint.
IT IS SO ORDERED.
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