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Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision | California Central
Order ~Util - Set/Reset Deadlines ~Util - Set/Clear Flags
ORDER STAYING CASE PENDING ADJUDICATION OF APPLICATION 35 by Judge Otis D. Wright, II: This case is STAYED until September 24, 2026. If necessary, the parties shall file a status report on or before such date. (lc)
Administrative Procedure Act/Review or Appeal of Agency Decision | District Of Columbia
Order on Motion to Dismiss
MINUTE ORDER denying as moot 9 Motion to Dismiss: The Defendant filed a motion to dismiss under Rule 12(b) but has not yet filed "an answer or a motion for summary judgment." Fed. R. Civ. P. 12(a)(1)(A)(i). The Plaintiff's 10 notice of voluntary dismissal is therefore effective. See Wright & Miller, 9 Fed. Prac. & Proc. Civ. 2363 (4th ed. 2026) (explaining that defendant who "put[s] forward" Rule 12(b) defense "in a motion to dismiss" does not terminate plaintiff's "voluntary dismissal right" and collecting cases). The motion to dismiss is therefore moot and the Court directs the Clerk to terminate this case. Signed by Judge Jia M. Cobb on August 12, 2026. (lcjmc3)
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