B.J. v. G6 Hospitality, LLC
- Maxine Chesney
- 3:22-cv-03765
- U.S. District Court · Northern District of California
- 2
In B.J. v. G6 Hospitality, Judge Chesney denied as moot defendants’ motions to dismiss after B.J. filed an amended complaint and vacated the hearings.
B.J. and the defendants who moved to dismiss the initial complaint, including Marriott International, Inc., Choice Hotels International, Inc., Hilton Domestic Operating Company, Inc., and G6 Hospitality, LLC.
What happened
B.J. sued G6 Hospitality, LLC, and others. Marriott International, Choice Hotels International, and Hilton Domestic Operating each filed motions to dismiss the initial complaint, and G6 joined Hilton’s motion.
B.J. filed an amended complaint within 21 days after being served with the motions. Under the applicable rule, B.J. was allowed to amend the complaint once during that period, and the amended complaint replaced the initial complaint.
Because the motions challenged the initial complaint, the court denied defendants’ motions to dismiss as moot and vacated the scheduled hearings. Judge Chesney issued the order.
The detailed version
- B.J. v. G6 Hospitality, LLC · No. 3:22-cv-03765
- Maxine Chesney
- Sept. 29, 2022
Background
The court considered three motions filed on September 1, 2022, seeking dismissal of B.J.’s initial complaint. Marriott International, Inc., Choice Hotels International, Inc., and Hilton Domestic Operating Company, Inc. filed the motions separately. G6 Hospitality, LLC, joined Hilton Domestic Operating Company’s motion.
Amended Complaint
B.J. filed an amended complaint on September 22, 2022, within 21 days after service of the motions to dismiss. Federal Rule of Civil Procedure 15(a)(1) allows a party to amend a pleading once as a matter of course within 21 days after service of certain motions, including a motion to dismiss under Rule 12. An amended complaint replaces the original complaint.
Ruling
Because B.J. amended the complaint as a matter of right, the motions to dismiss the initial complaint no longer presented a live issue. The court denied defendants’ motions to dismiss as moot and vacated the hearings scheduled for December 2, 2022. The order was issued by United States District Judge Maxine M. Chesney.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.