Myra Steen v. American National Insurance Company

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2 3 4 5 6 7 United States District Court 8 Central District of California 9 10 11 MYRA STEEN, Individually, and as Case № 2:20-cv-11226-ODW (SKx) 12 successor-in-interest to JANICE 13 WILLIAMS and on Behalf of the Class, et ORDER DENYING MOTION TO 14 al., DISMISS AS MOOT [29] Plaintiffs, v. 17 AMERICAN NATIONAL INSURANCE 18 COMPANY, Defendant. On November 9, 2021, Defendant American National Insurance Company 21 served Plaintiffs Myra Steen and Janet Williams with a Federal Rule of Civil 22 Procedure (“Rule”) 12(b)(6) Motion to Dismiss. (ECF No. 29.) On November 24, 23 2021, Plaintiffs filed a First Amended Complaint, fifteen days after Defendant filed its 24 Motion. (ECF No. 30.) Federal Rule of Civil Procedure 15(a)(1) allows plaintiffs to 25 file an amended complaint once as a matter of course within twenty-one days of being 26 served with a Rule 12(b) motion. While Rule 15(a)(1) does not expressly indicate 27 whether it applies when, as here, a first motion to dismiss was mooted some time ago 28 by the staying of the case, it appears that application of Rule…