Wagner Aeronautical, Inc. v. Dotzenroth

8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA WAGNER AERONAUTICAL, INC.; Case No.: 21cv0994-L-AGS MAMMOTH FREIGHTERS LLC; ORDER DENYING MOTION FOR WILLIAM WAGNER; and WILLIAM PARTIAL JUDGMENT ON THE PLEADINGS AS MOOT TARPLEY, 15 [ECF NO. 96] 16 Plaintiffs, 17 vs. DAVID DOTZENROTH; SEQUOIA AIRCRAFT CONVERSIONS, LLC; CAI CONSULTING LTD; CHARLES WILEY DOTZENROTH; ANDREW MANSELL; STEVEN WELO; and DOES 1 through 50 inclusive, Defendants Pending before the Court is Defendants’ Motion for Partial Judgment on the Pleadings pursuant to Federal Rule of Civil Procedure 12(c). [ECF No. 96.] Plaintiff || timely filed an amended complaint [ECF No. 132]. See Fed. R. Civ. Proc. 15(a)(1)(B).

2 || "Rule 12(c) is functionally identical to Rule 12(b)(6) and ... the same standard of review || applies to motions brought under either rule.” See United States ex rel. Cafasso v. Gen || Dynamics C4 Sys., Inc., 637 F.3d 1047, 1054 n.4 (9th Cir. 2011) (internal quotation || marks and citations omitted). Accordingly, the Motion for Partial Judgment on the || Pleadings is denied as moot. See Ramirez v. County of San Bernardino, 806 F.3d 1002, || 1008 (9th Cir. 2015).

8 IT IS SO ORDERED.

10 ||Dated: January 7, 2022 fee oop 12 H . James Lorenz, 3 United States District Judge