Opinion
No. C 11-05169 WHA
01-03-2012
ORDER GRANTING LEAVE TO AMEND COMPLAINT
Defendants filed a motion to dismiss plaintiff's RICO claim (Dkt. No. 9). Plaintiff filed an opposition and requested leave to amend its complaint (Dkt. No. 14). Plaintiff had a right to amend as a matter of course within 21 days after service of defendants' Rule 12(b) motion. Rule 15(a)(1)(B). Because its request was filed within the 21 day period, plaintiff's request for leave to amend its complaint is GRANTED. Plaintiff must file an amended complaint by NOON ON JANUARY 10, 2012. The hearing on the motion to dismiss the current complaint will remain as scheduled for January 19, 2012, unless plaintiff files an amended complaint by the deadline.
IT IS SO ORDERED.
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WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE