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Byron Giron v. An Thanh Nguyen

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


June 2, 2011

BYRON GIRON,
PLAINTIFF,
v.
AN THANH NGUYEN, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Howard R. Lloyd United States Magistrate Judge

NOT FOR CITATION

United States District Court For the Northern District of California

ORDER DENYING AS MOOT DEFENDANT'S MOTION TO DISMISS [Re: Docket No. 5]

Plaintiff instituted this wage-and-hour action on March 31, 2011. Docket No. 1. On May 10, 2011, Defendants filed a motion under Federal Rules of Civil Procedure 8, 9(b), and 12(b)(6) to 18 dismiss the complaint. Docket No. 5. Plaintiff responded by filing a First Amended Complaint 19 twelve days later. Docket No. 8. Pursuant to Civil Local Rule 7-1(b), the Court finds the matter 20 suitable for determination without oral argument, and the June 14, 2011 hearing is VACATED.

Under Rule 15, a plaintiff may amend its pleading once as a matter of course within 21 days after service of a motion under Rule 12(b). FED. R. CIV. P. 15(a)(1)(B). Plaintiff's First Amended Complaint was timely filed in accordance with this rule. Therefore, the Court DENIES AS MOOT Defendants' motion to dismiss.

IT IS SO ORDERED.

Notice will be electronically mailed to: James Dal Bon jdblaw@earthlink.net, jl.jdblaw@earthlink.net, margainlaw@hotmail.com Tomas Eduardo Margain margainlaw@hotmail.com, gudennis21410@aol.com, massielhern87@yahoo.com Vi Katerina Tran vi.tran.esq@gmail.com, vi.katerina.tran@gmail.com Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court's CM/ECF program.

United States District Court For the Northern District of California

20110602

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