Kristy v. Costco Wholesale Corporation
- Susan Van Keulen
- 5:20-cv-04119
- U.S. District Court · Northern District of California
- 1
In Kristy v. Costco, Judge Van Keulen denied as moot Costco’s motion to dismiss and judicial-notice requests after Kristy amended the complaint.
Anthony Kristy and Costco Wholesale Corporation; the order resolved Costco’s pending motion and requests without deciding the merits of the claims.
What happened
In Kristy v. Costco Wholesale Corporation, Costco moved to dismiss Anthony Kristy’s complaint under a federal rule allowing dismissal for failure to state a claim. Costco also asked the court to take judicial notice of certain materials.
Before the court ruled on those filings, Kristy filed a first amended complaint, which was permitted under the federal rules. The amendment made the pending motion to dismiss and requests for judicial notice moot.
Judge Susan Van Keulen denied Costco’s motion to dismiss and requests for judicial notice as moot. The judge also canceled the scheduled hearing.
The detailed version
- Kristy v. Costco Wholesale Corporation · No. 5:20-cv-04119
- Susan Van Keulen
- July 21, 2020
Background
Costco Wholesale Corporation moved to dismiss Anthony Kristy’s complaint under Federal Rule of Civil Procedure 12(b)(6), which concerns whether a complaint states a legally sufficient claim. Costco also filed requests for judicial notice, asking the court to recognize certain materials without requiring formal proof of them.
Subsequent Filing
Kristy filed a first amended complaint under Federal Rule of Civil Procedure 15(a)(1)(B). Because the original complaint had been amended, the pending motion to dismiss and requests for judicial notice no longer addressed the operative pleading.
Ruling
Judge Susan Van Keulen denied as moot Costco’s motion to dismiss and requests for judicial notice. The court also vacated the hearing scheduled for August 2020 at 10:00 a.m. The order did not decide whether Kristy’s claims were legally sufficient.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.