Wagner Aeronautical, Inc. v. Dotzenroth

Opinion

WAGNER AERONAUTICAL, INC.; Case No.: 21cv0994-L-AGS

MAMMOTH FREIGHTERS LLC; ORDER DENYING MOTION FOR WILLIAM WAGNER; and WILLIAM PARTIAL JUDGMENT ON THE PLEADINGS AS MOOT

[ECF NO. 96] Plaintiffs, vs. DAVID DOTZENROTH; SEQUOIA AIRCRAFT CONVERSIONS, LLC; CAI CONSULTING LTD; CHARLES WILEY DOTZENROTH; ANDREW MANSELL; STEVEN WELO; and DOES 1 through 50 inclusive, Defendants Pending before the Court is Defendants’ Motion for Partial Judgment on the Pleadings pursuant to Federal Rule of Civil Procedure 12(c). [ECF No. 96.] Plaintiff timely filed an amended complaint [ECF No. 132]. See Fed. R. Civ. Proc. 15(a)(1)(B). "Rule 12(c) is functionally identical to Rule 12(b)(6) and ... the same standard of review applies to motions brought under either rule.” See United States ex rel. Cafasso v. Gen Dynamics C4 Sys., Inc., 637 F.3d 1047, 1054 n.4 (9th Cir. 2011) (internal quotation marks and citations omitted). Accordingly, the Motion for Partial Judgment on the Pleadings is denied as moot. See Ramirez v. County of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015). Dated: January 7, 2022 fee oop H . James Lorenz, United States District Judge