Wong v. McHugh Et.al.

Northern District of California, cand-4:2015-cv-01127

ORDER by Judge Yvonne Gonzalez Rogers denying {{23}} Motion to Dismiss as Moot. The Hearing set for August 18, 2015 is therefore vacated.

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 CONNIE WONG, 5 Case No. 15-cv-01127-YGR Plaintiff, 6 v. ORDER DENYING MOTIONS TO DISMISS AS 7 MOOT JOHN M. MCHUGH, SECRETARY OF THE 8 ARMY, ET AL., Re: Dkt. Nos. 23, 38 9 Defendants. 10 The initial complaint in this action was filed on March 16, 2015. (Dkt. No. 1 11 ("Complaint").) On May 21, 2015, defendants Michigan Department of Military and Veterans 12 Affairs and Gregory Vadnais ("Michigan Defendants") filed a Motion to Dismiss the Complaint. Northern District of California United States District Court 13 (Dkt. No. 23.) Plaintiff filed an opposition thereto on June 11, 2015. (Dkt. No. 34.) Thereafter, 14 on July 9, 2015, defendants Deborah Lee James, John M. McHugh, David S. Baldwin, Matthew 15 Beevers, Jon K. Kelk, Randall Ball, Nathaniel S. Reddicks, Steven Butow, Thomas Keegan, 16 William Martin, Sean Maltbie, Ronald W. Wilson, and the California Military Department 17 ("Federal Defendants") also filed a Motion to Dismiss the Complaint. (Dkt. No. 38.) 18 On July 23, 2015, the plaintiff filed an amended complaint pursuant to Federal Rule of 19 Civil Procedure 15(a)(1)(B). (Dkt. No. 40 ("FAC").) Thereafter, the Federal Defendants filed a 20 notice of withdrawal of their motion to dismiss. (Dkt. No. 43.) The Michigan Defendants have 21 yet to file such a notice. In light of the filing of the FAC, the Michigan Defendants' Motion to Dismiss is DENIED as moot. The hearing set for August 18, 2015 is therefore VACATED. 22 This Order terminates Docket Number 23. 23 IT IS SO ORDERED. 24 Dated: July 29, 2015 25 ______________________________________ 26 YVONNE GONZALEZ ROGERS 27 UNITED STATES DISTRICT COURT JUDGE 28