Padilla v. Department of the Navy, 17-CV-1182 W (NLS). (2017)
Court: District Court, N.D. California
Number: infdco20171204951
Visitors: 3
Filed: Dec. 01, 2017
Latest Update: Dec. 01, 2017
Summary: ORDER DENYING DEFENDANTS' MOTION TO DISMISS AS MOOT [DOC. 4] THOMAS J. WHELAN , District Judge . On September 29, 2017, Defendant filed a motion to dismiss. [Doc. 4.] 19 days later, on October 18, 2017, Plaintiffs filed a First Amended Complaint ("FAC"). [Doc. 5.] A party may amend a complaint within 21 days of service of a responsive pleading. See Fed. R. Civ. P. 15(a)(1)(B). "It is well-established in our circuit that an `amended complaint supersedes the original, the latter being trea
Summary: ORDER DENYING DEFENDANTS' MOTION TO DISMISS AS MOOT [DOC. 4] THOMAS J. WHELAN , District Judge . On September 29, 2017, Defendant filed a motion to dismiss. [Doc. 4.] 19 days later, on October 18, 2017, Plaintiffs filed a First Amended Complaint ("FAC"). [Doc. 5.] A party may amend a complaint within 21 days of service of a responsive pleading. See Fed. R. Civ. P. 15(a)(1)(B). "It is well-established in our circuit that an `amended complaint supersedes the original, the latter being treat..
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ORDER DENYING DEFENDANTS' MOTION TO DISMISS AS MOOT [DOC. 4]
THOMAS J. WHELAN, District Judge.
On September 29, 2017, Defendant filed a motion to dismiss. [Doc. 4.] 19 days later, on October 18, 2017, Plaintiffs filed a First Amended Complaint ("FAC"). [Doc. 5.]
A party may amend a complaint within 21 days of service of a responsive pleading. See Fed. R. Civ. P. 15(a)(1)(B). "It is well-established in our circuit that an `amended complaint supersedes the original, the latter being treated thereafter as non-existent.'" Ramirez v. Cty. of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015) (quoting Forsyth v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997)). Accordingly, when a plaintiff timely amends, the original complaint ceases to exist, and any pending motions to dismiss it are moot. See id.
In light of the filing of the FAC, the Court denies Defendants' motion [Doc. 4] as moot.
IT IS SO ORDERED.
Source: Leagle
