Filed: Mar. 24, 2016
Latest Update: Mar. 24, 2016
Summary: ORDER JAMES C. MAHAN , District Judge . Presently before the court is defendant Arlon Graphics, LLC's motion to dismiss the complaint. (Doc. # 6). Plaintiff Team One Display Services, Inc. filed a response (doc. # 14), and defendant Arlon Graphics filed a reply. (Doc. # 15). Also before the court is plaintiff's motion to strike defendant's reply to the response to the motion to dismiss. (Doc. # 19). Defendant filed a response (doc. # 22), and plaintiff filed a reply. (Doc. # 26). Defendan
Summary: ORDER JAMES C. MAHAN , District Judge . Presently before the court is defendant Arlon Graphics, LLC's motion to dismiss the complaint. (Doc. # 6). Plaintiff Team One Display Services, Inc. filed a response (doc. # 14), and defendant Arlon Graphics filed a reply. (Doc. # 15). Also before the court is plaintiff's motion to strike defendant's reply to the response to the motion to dismiss. (Doc. # 19). Defendant filed a response (doc. # 22), and plaintiff filed a reply. (Doc. # 26). Defendant..
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ORDER
JAMES C. MAHAN, District Judge.
Presently before the court is defendant Arlon Graphics, LLC's motion to dismiss the complaint. (Doc. # 6). Plaintiff Team One Display Services, Inc. filed a response (doc. # 14), and defendant Arlon Graphics filed a reply. (Doc. # 15).
Also before the court is plaintiff's motion to strike defendant's reply to the response to the motion to dismiss. (Doc. # 19). Defendant filed a response (doc. # 22), and plaintiff filed a reply. (Doc. # 26).
Defendant's motion requests the dismissal of plaintiff's original complaint. (Doc. # 1). However, plaintiff filed an amended complaint. (Doc. # 35).
An amended complaint supersedes the original pleading, making it "non-existent." Valadez-Lopez v. Chertoff, 656 F.3d 851, 857 (9th Cir. 2011). If a litigant files an amended pleading, then motions to dismiss the original complaint are mooted without prejudice. Johnson v. Cheryl, 2013 WL 3943606, at *2 (D. Nev. 2013). The motion to strike the reply to the motion to dismiss is similarly moot.
Accordingly,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendant Arlon Graphics, LLC's motion to dismiss the original complaint (doc. # 6) be, and the same hereby is, DENIED as moot, without prejudice.
IT IS FURTHER ORDERED that plaintiff Team One Display Services, Inc.'s motion to strike defendant's reply to the response to the motion to dismiss (doc. # 19) be, and the same hereby is, DENIED as moot.
