Filed: Jul. 13, 2017
Latest Update: Jul. 13, 2017
Summary: ORDER DENYING AS MOOT DEFENDANT CREDIT ONE BANK, NATIONAL ASSOCIATION'S MOTION TO DISMISS Re: Dkt. No. 46 MAXINE M. CHESNEY , District Judge . Before the Court is defendant Credit One Bank, National Association's ("Credit One") "Motion to Dismiss Plaintiff's Complaint," filed January 13, 2017. On July 7, 2017, plaintiff, with leave of court, filed an Amended Complaint. "[A]n amended pleading supersedes the original, the latter being treated thereafter as non-existent." Bullen v. De Brett
Summary: ORDER DENYING AS MOOT DEFENDANT CREDIT ONE BANK, NATIONAL ASSOCIATION'S MOTION TO DISMISS Re: Dkt. No. 46 MAXINE M. CHESNEY , District Judge . Before the Court is defendant Credit One Bank, National Association's ("Credit One") "Motion to Dismiss Plaintiff's Complaint," filed January 13, 2017. On July 7, 2017, plaintiff, with leave of court, filed an Amended Complaint. "[A]n amended pleading supersedes the original, the latter being treated thereafter as non-existent." Bullen v. De Brette..
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ORDER DENYING AS MOOT DEFENDANT CREDIT ONE BANK, NATIONAL ASSOCIATION'S MOTION TO DISMISS
Re: Dkt. No. 46
MAXINE M. CHESNEY, District Judge.
Before the Court is defendant Credit One Bank, National Association's ("Credit One") "Motion to Dismiss Plaintiff's Complaint," filed January 13, 2017. On July 7, 2017, plaintiff, with leave of court, filed an Amended Complaint.
"[A]n amended pleading supersedes the original, the latter being treated thereafter as non-existent." Bullen v. De Bretteville, 239 F.2d 824, 833 (9th Cir. 1956), cert. denied, 353 U.S. 947 (1957).
Accordingly, Credit One's motion to dismiss is hereby DENIED as moot.1
IT IS SO ORDERED.
