SVB Financial Group v. Federal Deposit Insurance Corporation

I. DISCUSSION

1 First, the Court will extend the time for the FDIC to file an answer until after the Court 2 rules on the contemplated motion to dismiss. Although not stated explicitly in Federal Rule of 3 Civil Procedure 12, most district courts have found that the filing of a motion to dismiss extends 4 the time for a defendant to respond to the entire complaint, including for claims that are not being 5 challenged in the subject motion. See Batdorf v. Trans Union, No. C 00-0501 CRB, 2000 WL 6 635455, at *5 (N.D. Cal. May 8, 2000) (“The filing of a motion to dismiss the other causes of 7 action enlarged the time for [the defendant] to respond to the entire complaint, including those 8 causes of action it did not move to dismiss.”); 5B Charles Alan Wright & Arthur R. Miller, 9 Federal Practice and Procedure § 1346 (4th ed.) (noting that “the weight of the limited authority 10 on this point—is that the filing of a motion that only addresses part of a complaint suspends the 11 time to respond to the entire complaint, not just to the claims that are the subject of the motion.”). 12 The Court agrees. As the FDIC rightfully points out, it would be an inefficient use of judicial…