Opinion
3:22-cv-05728-BJR
02-15-2023
ARCHELINO T. PALPALLATOC, Plaintiff, v. THE BOEING COMPANY; CARY FISKE; KYLE CHURCHILL; and 3 Jane/John Doe Defendants whose identity is not yet known, Defendants.
Linda D. Walton Shannon McDermott Perkins Coie LLP Attorneys for Defendant THE BOEING COMPANY
Linda D. Walton Shannon McDermott Perkins Coie LLP Attorneys for Defendant THE BOEING COMPANY
UNOPPOSED MOTION TO EXTEND DEADLINE TO RESPOND TO AMENDED COMPLAINT AND ORDER
BARBARA J. ROTHSTEIN, UNITED STATES DISTRICT JUDGE
Pursuant to Local Rule 7(d)(1), Defendant The Boeing Company (“Boeing”) hereby requests that the Court extend Boeing's deadline to file its response to Plaintiff's Amended Complaint until 14 days after the Court rules on Boeing's partial motion to dismiss. Counsel for Archelino T. Palpallatoc (“Plaintiff”) have stated that they consent to the extension and do not oppose the motion.
On October 7, 2022, Boeing filed its partial motion to dismiss and motion for more definite statement. Dkt. 12. On December 5, 2022, Plaintiff filed his opposition to Boeing's motion, Dkt. 18, as well as a motion for leave to file an amended complaint, Dkt. 17. On December 8, 2022, the Court granted Plaintiff's request to file an amended complaint and directed Boeing to proceed with filing its reply in support of its partial motion to dismiss on December 19, 2022. Dkt. 20.
Under Federal Rule of Civil Procedure 12(a)(4)(A), Boeing must serve an answer 14 days after notice of the Court's action on the partial motion to dismiss. However, out of an abundance of caution resulting from Plaintiff filing his Amended Complaint prior to the Court ruling on the partial motion to dismiss, Boeing seeks an order from the Court extending Boeing's answer deadline. Additionally, because the Amended Complaint resolved some, but not all, of the issues addressed in the partial motion to dismiss, the Court's anticipated ruling on the partial motion to dismiss may result in further amendments to the complaint. Accordingly, in the interest of judicial economy and to avoid the unnecessary filing of an answer to a complaint that may change pending the Court's ruling on the partial motion to dismiss, Boeing seeks to extend its deadline to file its answer to Plaintiff's Amended Complaint until 14 days after the Court rules on the partial motion to dismiss.
ORDER
Based upon the foregoing, IT IS SO ORDERED that Boeing's deadline to file an answer to Plaintiff's Amended Complaint is extended until 14 days after the Court rules on the partial motion to dismiss.