Federal Insurance Company v. Simon Wiesenthal Center, Inc.

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2 3 4 5 6 7 United States District Court 8 Central District of California 9 10 FEDERAL INSURANCE COMPANY. Case № 2:21-cv-04069-ODW (JEMx) Plaintiff, v. ORDER DENYING MOTION TO SIMON WIESENTHAL CENTER et al., DISMISS AS MOOT [21] Defendants. 16 /// /// /// /// /// /// /// /// /// /// /// /// Counter-Defendant Federal Insurance Company filed a Federal Rule of Civil 2 || Procedure 12(b)(6) motion to dismiss Counterclaimants’ counterclaim in this case on 3] June 30, 2021. (ECF No. 21.) On July 21, 2021, Counter-Claimants filed a First Amended Answer to Complaint and Counterclaim, twenty-one days after 5 || Counter-Defendant’s responsive pleading. (ECF No. 25.) Federal Rule of Civil 6 || Procedure 15(a)(1) allows plaintiffs to amend a pleading once as a matter of course within twenty-one days of service of a Rule 12(b) motion. Therefore, 8 || Counter-Claimants’ amended pleading was proper. As the pending motion to dismiss 9 || was based on a pleading that is no …