Gastelum

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 FERNANDO GASTELUM, Case No.: 25-cv-3052-AJB-DDL ORDER DENYING MOTION TO Plaintiff, DISMISS 13 v. (Doc. No. 10)

PINNACLE SOLANA LP,

15 Defendant. 17 Presently before the Court is Defendant Pinnacle Solana LP’s (“Pinnacle”) motion to dismiss the complaint. (Doc. No. 10.) Having reviewed the docket in this case, the Court finds the matter suitable for decision without oral argument pursuant to Local Civil Rule 7.1.d.1. The Court DENIES WITHOUT PREJUDICE Pinnacle’s motion. Plaintiff served Pinnacle on November 12, 2025. (Doc. No. 3.) Pursuant to Federal Rule of Civil Procedure 12(a)(1)(A)(i), Pinnacle was required to file a responsive pleading “within 21 days after being served with the summons and complaint[.]” In this case, that required Pinnacle to file their motion to dismiss on or before December 3, 2025. Because Pinnacle did not file an answer or otherwise respond by that date,…