Callaway v. Mercedes-Benz USA, LLC

Full title: Elisabeth Callaway, et al. v. Mercedes-Benz USA, LLC, et al

Court: United States District Court, Ninth Circuit, California, C.D. California

Date published: Mar 11, 2015

SACV 14-02011 JVS (DFMx) (C.D. Cal. Mar. 11, 2015)

Opinion

Elisabeth Callaway, et al. v. Mercedes-Benz USA, LLC, et al SACV 14-02011 JVS (DFMx) United States District Court, C.D. California March 11, 2015

          PROCEEDINGS: (IN CHAMBERS) MINUTE ORDER DENYING AS MOOT MOTIONS TO DISMISS AND STRIKE

          Present Honorable James V. Selna.

         Pursuant to Federal Rule of Civil Procedure 12(b)(6), Defendant Mercedes-Benz USA, LLC and Defendant Mission Imports (collectively, " Defendants") move to dismiss the Complaint filed by Plaintiffs Elizabeth and William Callaway (" Plaintiffs"). (Docket No. 22.) Defendants also move to strike the class allegations from Plaintiffs' Complaint. (Docket No. 19.) On February 26, 2015, Plaintiffs filed a First Amended Complaint, which moots the pending motions. (See Docket Nos. 24, 25.)

         Accordingly, the Court DENIES AS MOOT Defendants' Motion to Dismiss and Motion to Strike. The Court further finds that oral argument would not be helpful on this matter, and vacates the March 16, 2015 hearing. Fed.R.Civ.P. 78; L.R. 7-15.

         IT IS SO ORDERED.