Opinion
CASE NO. 05cv0937 JM (LSP).
September 27, 2005
ORDER DISMISSING MOTION TO DISMISS AS MOOT AND VACATING HEARING DATE
On May 4, 2005, Plaintiff Cathryn Rojas filed a complaint against the United States of America and other unnamed defendants. On July 11, 2005, Defendant United States of America filed a Motion for Dismissal or An Amended Complaint pursuant to Federal Rule of Civil Procedure 8. A hearing was set for October 7, 2005.
On September 22, 2205, the parties filed a Stipulation to File First Amended Complaint, in which Defendant was given thirty days to respond after accepting service of Plaintiff's First Amended Complaint.
In light of this stipulation, Defendant's Motion for Dismissal of An Amended Complaint is dismissed as moot and the hearing date of October 7, 2005 is hereby vacated.
IT IS SO ORDERED.