Free Order on Motion to Dismiss - District Court of California - California

Case 3:08-cv-01064-SC

Document 19

Filed 04/25/2008

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1 2 3 4 5 SHARTSIS FRIESE LLP, 6 7 8 9 10
For the Northern District of California

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) Plaintiff, ) ) ) v. ) ) ) JP MORGAN CHASE & CO., JP MORGAN ) COMPENSATION AND BENEFITS ) STRATEGIES as successor in interest) of CCA STRATEGIES LLC and CHICAGO ) CONSULTING ACTUARIES, LLC, and DOES) 1-100, ) ) Defendants. ) ) ) No. C-08-1064 SC ORDER GRANTING DEFENDANTS' MOTION TO DISMISS UNDER F.R.C.P. 12(b)(6)

United States District Court

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Defendants JP Morgan Chase & Co. and JP Morgan Compensation and Benefits Strategies (collectively "JP Morgan" or "Defendants") removed this action from the San Francisco Superior Court. Notice of Removal, Docket No. 1. Defendants' Motion to Dismiss. Now before the Court is Plaintiff Shartsis See

Docket No. 12.

Friese LLP ("Plaintiff") filed a Statement of Non-Opposition to Defendants' Motion, offering to amend the Complaint to address the purported deficiencies Defendants raised in their Motion. Docket No. 16. Docket No. 17. The Court GRANTS Defendants' Motion to Dismiss without prejudice. amend. The Court would otherwise give Plaintiff leave to See

Plaintiff then filed its Amended Complaint.

Under the present circumstances, the Court accepts the For the purposes of calculating time and

Amended Complaint.

Case 3:08-cv-01064-SC

Document 19

Filed 04/25/2008

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determining deadlines for filing responsive pleadings or subsequent motions, the parties shall treat the Amended Complaint as having been filed on the date of this Order.

IT IS SO ORDERED. 6 7 Dated: April 24, 2008 8 9 10
For the Northern District of California

UNITED STATES DISTRICT JUDGE

United States District Court

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