Opinion
No. C 11-04112 SI
11-14-2011
SIDENSE CORP., Plaintiff, v. KILOPASS TECHNOLOGY INC., et al., Defendants.
ORDER VACATING NOVEMBER 18, 2011 MOTION HEARING AND
DISMISSING ORIGINAL COMPLAINT AS MOOT
On August 19, 2011 plaintiff filed its original complaint. Defendants filed a motion to dismiss on October 11, 2011. On October 25, 2011, plaintiff filed both an opposition to this motion, as well as a first amended complaint ("FAC"), which included new allegations. Plaintiff's opposition relies heavily on its FAC, as defendants note in their November 1, 2011 reply. On November 8, 2011 defendants filed a motion to dismiss plaintiff's FAC. Because the original complaint is moot in light of the FAC filing, the Court dismisses the original complaint and vacates the motion hearing scheduled for November 18, 2011. The motion hearing set for December 16, 2011 regarding defendants' second motion to dismiss will stay on calendar.
IT IS SO ORDERED.
SUSAN ILLSTON
United States District Judge