Opinion
21-cv-02607-YGR
07-22-2021
Louis D'Antonio, et al., Plaintiffs, v. Monterey Bay Military Housing, et al., Defendants.
ORDER GRANTING MOTIONS TO DISMISS WITH LEAVE TO AMEND; DENYING MOTION TO STRIKE; AND CONTINUING INITIAL CASE MANAGEMENT CONFERENCE
RE: DKT. NOS. 26, 27, 28, 29
YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE
On March 3, 2021, plaintiffs filed this action in Monterey County Superior Court, which defendants removed on April 9, 2021, under federal enclave jurisdiction. (Dkt. No. 1.) On May 28, 2021, defendants moved to dismiss the Second Amended Complaint under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim for relief. (Dkt. No. 26, 28, 29.) Having carefully considered the briefing and arguments submitted on the motion, and for the reasons stated on the record at the July 20, 2021 hearing, the Court Grants the motions With Leave to Amend . The motion to strike filed by defendant Michaels Management Services, Inc. is Denied. Plaintiffs shall have until August 3, 2021 to file an amended complaint. Defendants shall have until August 17, 2021 to respond to the filing. The initial case management conference currently set for August 30, 2021, is Continued to September 20, 2021.
For purposes of these motions, the Court need not rely on matters which were filed with a request to seal. Thus, while the Court
This Order terminates Docket Numbers 26, 27, 28, and 29.
It Is So Ordered.
Grants defendants Clark Pinnacle Monterey Bay LLC and Clark Realty Capital, LLC's motion to seal (Dkt. No. 27), it does so only given the procedural context. The parties should not assume that the material will be sealed at a later stage in the proceeding.---------