Perry v. Cunningham

SUSAN ILLSTON

Now before the Court is defendant Marin General Hospital's motion to dismiss plaintiff's initial complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). However, on January 29, 2013, plaintiff filed an amended complaint pursuant to Federal Rule of Civil Procedure 15(a)(1)(B). Pursuant to Civil Local Rule 7-1(b), the Court finds this matter appropriate for resolution without oral argument and vacates the hearing currently set for March 8, 2013.

Plaintiff's amended complaint renders defendant's motion moot. Accordingly, the Court hereby DENIES as MOOT defendant's motion to dismiss WITHOUT PREJUDICE. (Docket No. 14).

IT IS SO ORDERED.

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SUSAN ILLSTON

United States District Judge