Opinion
No. CV 1-08-01267-JAT.
September 23, 2009
ORDER
Pending before this Court is Defendants Knowles, Fisher, and Phillips' Motion to Dismiss (Doc. # 19), and Plaintiff Sy Lee Castle's Motion to Amend (Doc. # 23). This is Plaintiff's first request to amend his complaint. As such, Plaintiff is permitted to amend his complaint as a matter of right, notwithstanding Defendants' pending motion to dismiss. Schreiber Distrib. Co. v. Serv-Well Furniture Co., 806 F.2d 1393, 1401 (9th Cir. 1986).
Accordingly,
IT IS ORDERED that Defendants' Knowles, Fisher, and Phillips' Motion to Dismiss (Doc. # 19) is denied without prejudice.
IT IS FURTHER ORDERED that Plaintiff Sy Lee Castle's Motion to Amend (Doc. # 23) is granted.
IT IS FURTHER ORDERED that the Clerk of the Court shall file Plaintiff's lodged First Amended Complaint (Doc. # 25). IT IS FINALLY ORDERED that Defendants shall have ten (10) days from the date of this Order to respond to Plaintiff's amended complaint.