IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
March 23, 2012
TERI ANN WINGO, PLAINTIFF,
CITY OF SACRAMENTO, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Carolyn K. Delaney United States Magistrate Judge
On March 1, 2012, defendants filed a motion to dismiss. On March 21, 2012, plaintiff filed an amended complaint. Pursuant to Federal Rule of Civil Procedure 15(a)(1)(B), plaintiff may file once as a matter of course an amended complaint within 21 days after service of a motion under Federal Rule of Civil Procedure 12(b). Defendants' motion will therefore be denied as moot.
Accordingly, IT IS HEREBY ORDERED that:
1. The hearing date of April 11, 2012 on defendants' motion to dismiss is vacated; and
2. Defendants' motion to dismiss (dkt. no. 4) is denied as moot.
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