Freeman v. ABC Legal Services, Inc. et al

Filing 86

ORDER Denying 84 in C-11-3007 Defendants' Request to File Motion to Dismiss. Signed by Judge Edward M. Chen on 8/22/2012. (emcsec, COURT STAFF) (Filed on 8/22/2012) (Additional attachment(s) added on 8/22/2012: # 1 Certificate of Service - C-12-1914) (emcsec, COURT STAFF).

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 RUBY NELL FREEMAN, 9 Plaintiff, v. 11 For the Northern District of California United States District Court 10 ABC LEGAL SERVICES, INC., et al., 12 Defendants. ___________________________________/ 13 14 15 16 17 No. C-11-3007 EMC RELATED TO C-11-3542 EMC C-11-3805 EMC C-11-3824 EMC C-11-5152 EMC C-12-0624 EMC C-12-0642 EMC C-12-0644 EMC C-12-0678 EMC C-12-1693 EMC C-12-1696 EMC C-12-1904 EMC C-12-1911 EMC C-12-1914 EMC 18 ORDER DENYING DEFENDANTS’ REQUEST TO FILE MOTION TO DISMISS 19 (Docket No. 84) 20 21 Defendants’ request to file a motion to dismiss is DENIED. The Court’s order of July 3, 22 2012, Docket No. 77, dismissed only Plaintiffs’ claims under California Business and Professions 23 Code § 17200 (“UCL”). Id. at 14. The Court gave Plaintiffs 30 days to file “any amended 24 complaint”and attempt to re-allege their UCL claims. Id. The Court’s order did not require 25 /// 26 /// 27 /// 28 /// 1 Plaintiffs to file an amended complaint; rather, it merely gave them leave to do so if they wanted to 2 attempt to raise a viable UCL claim. Thus, Plaintiffs have not violated any Court order, and their 3 non-UCL claims remain viable. See Docket No. 49. 4 5 IT IS SO ORDERED. 6 7 Dated: August 22, 2012 8 _________________________ EDWARD M. CHEN United States District Judge 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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