Bearden v. Alameda County

4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA JEROME BEARDEN, 7 Case No. 19-cv-04264-KAW Plaintiff, Vv. ORDER TERMINATING MOTION TO 9 DISMISS; DISCHARGING ORDER TO 10 ALAMEDA COUNTY, SHOW CAUSE Defendant. Re: Dkt. No. 9 13 On November 20, 2019, Defendant Alameda County filed a motion to dismiss Plaintiff v 14 || Bearden’s initial complaint. (Dkt. No. Re: Dkt. No. 9.) On December 13, 2019, Plaintiffs filed an © || amended complaint. (Dkt. No. Re: Dkt. No. 15.)

16 Under Rule 15(a)(1)(B), a party may amend its pleading once as a matter of course within = 17 || 21 days of being served with a motion under Rule 12(b). The deadline is extended by three days || when a party is served by mail. See Fed. R. Civ. P. 6(d); Spengler v. Machado, CV 17-2078-DOC 19 (SP), 2018 U.S. Dist. LEXIS 228166, at *3-4 (C.D. Cal. Mar. 23, 2018). Because the amended || complaint was timely filed, the Court terminates the pending motion to dismiss, as the operative || complaint is now the amended complaint.

22 In light of the amended complaint, the Court DISCHARGES the December 10, 2019 order || to show cause.

24 IT IS SO ORDERED.

25 Dated: December 13, 2019 26 vt ah I ) Timah KANDK§ A. WESTMORE United States Magistrate Judge