Filed: Jun. 12, 2014
Latest Update: Jun. 12, 2014
Summary: ORDER JAMES C. MAHAIN, District Judge. Presently before the court is a motion to dismiss filed by defendants Harrah's Entertainment, LLC and Harrah's Las Vegas, Inc. (Doc. # 16). This motion requests the dismissal of plaintiff's original complaint. However, after this motion was filed, plaintiff filed an amended complaint. (Doc. # 20). 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 litigan
Summary: ORDER JAMES C. MAHAIN, District Judge. Presently before the court is a motion to dismiss filed by defendants Harrah's Entertainment, LLC and Harrah's Las Vegas, Inc. (Doc. # 16). This motion requests the dismissal of plaintiff's original complaint. However, after this motion was filed, plaintiff filed an amended complaint. (Doc. # 20). 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..
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ORDER
JAMES C. MAHAIN, District Judge.
Presently before the court is a motion to dismiss filed by defendants Harrah's Entertainment, LLC and Harrah's Las Vegas, Inc. (Doc. # 16).
This motion requests the dismissal of plaintiff's original complaint. However, after this motion was filed, plaintiff filed an amended complaint. (Doc. # 20).
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).
Accordingly,
IT IS HEREBY ORDERED, ADJUDGED, and DECREED that defendants' motion to dismiss the original complaint (doc. # 16) be, and the same hereby is, DENIED as moot.
