TAL Properties of Pomona, LLC v. Village of Pomona

Background

Defendants moved to dismiss the complaint on November 21, 2019. The opinion does not describe the claims or the alleged facts underlying the lawsuit.

Order

The court ordered plaintiffs to notify the court by December 6, 2019, whether they intended to file an amended complaint in response to the motion to dismiss or would rely on the complaint already under challenge.

If plaintiffs chose not to amend, the motion to dismiss would proceed under the usual schedule. The court stated that it was unlikely to give plaintiffs another opportunity to amend to address deficiencies made apparent by the fully briefed motion arguments. The deadlines for opposing and reply papers would be governed by the Federal Rules of Civil Procedure and the Local Civil Rules unless the court ordered otherwise.

If plaintiffs chose to amend, they had to file the amended complaint no later than 14 days after notifying the court. Within 21 days after the amendment, defendants could file an answer, file a motion to dismiss the amended complaint, or notify the court by letter that they would rely on the initial motion to dismiss.

Disposition

The court issued a case-management order concerning plaintiffs' choice about amendment and the next steps for the motion to dismiss. It did not grant or deny the motion to dismiss and did not resolve the merits of the case.