Opinion
Civil Action No. 10-cv-03171-RPM.
June 15, 2011
ORDER GRANTING LEAVE TO FILE SECOND AMENDED COMPLAINT
On June 10, 2011, the plaintiffs filed a Motion for Leave to File Second Amended Complaint and a second amended complaint was tendered therewith. The defendants filed a response to the motion, objecting to the filing on the basis that the second amended complaint is insufficient to cure the defects raised in the defendant's motion to dismiss heard on May 17, 2011. A more appropriate procedure to raise the issues the defendants seek to assert in their response is to proceed with the filing of the second amended complaint and a motion to dismiss. Accordingly, it is
ORDERED that the plaintiffs' motion is granted and the second amended tendered therewith is filed.