Opinion
CASE NO. CV F 12-0724 LJO SKO
12-13-2012
NADIA ROBERTS, et al., Plaintiffs, v. UBS AG, et al., Defendants.
ORDER TO VACATE HEARING AND TO
TERM MOTION
(Doc. 18.)
On November 19, 2012, defendant UBS AG filed its F.R.Civ.P. 12 motion to dismiss plaintiffs' original complaint and set a December 20, 2012 hearing. On December 13, 2012, plaintiffs filed their first amended complaint as a matter of course under F.R.Civ.P. 15(a)(1). As such, this Court:
1. VACATES the December 20, 2012 hearing in that the first amended complaint renders moot the F.R.Civ.P. 12 motion to dismiss the original complaint;This Court will take no further action on the F.R.Civ.P. 12 motion to dismiss the original complaint (doc. 18).
2. DIRECTS the clerk to term the F.R.Civ.P. 12 motion to dismiss the original complaint (doc. 18); and
3. ORDERS UBS AG, no later than January 14, 2012, to file papers to respond to the first amended complaint.
IT IS SO ORDERED.
Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE