Voto Latino Foundation v. Hobbs, CV-19-05685-PHX-DWL. (2020)
Court: District Court, D. Arizona
Number: infdco20200227930
Visitors: 17
Filed: Feb. 26, 2020
Latest Update: Feb. 26, 2020
Summary: ORDER DOMINIC W. LANZA , District Judge . On February 24, 2020, the parties filed a stipulation that Plaintiffs may file a Second Amended Complaint ("SAC") and that Defendant shall file a responsive pleading by March 20, 2020. (Doc. 20.) That same day, Plaintiffs filed the SAC. (Doc. 21.) The pending motion to dismiss the first amended complaint (Doc. 17) is moot. Forsyth v. Humana, Inc., 114 F.3d 1467 , 1474 (9th Cir. 1997) ("[T]he amended complaint supersedes the original, the latter
Summary: ORDER DOMINIC W. LANZA , District Judge . On February 24, 2020, the parties filed a stipulation that Plaintiffs may file a Second Amended Complaint ("SAC") and that Defendant shall file a responsive pleading by March 20, 2020. (Doc. 20.) That same day, Plaintiffs filed the SAC. (Doc. 21.) The pending motion to dismiss the first amended complaint (Doc. 17) is moot. Forsyth v. Humana, Inc., 114 F.3d 1467 , 1474 (9th Cir. 1997) ("[T]he amended complaint supersedes the original, the latter b..
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ORDER
DOMINIC W. LANZA, District Judge.
On February 24, 2020, the parties filed a stipulation that Plaintiffs may file a Second Amended Complaint ("SAC") and that Defendant shall file a responsive pleading by March 20, 2020. (Doc. 20.) That same day, Plaintiffs filed the SAC. (Doc. 21.)
The pending motion to dismiss the first amended complaint (Doc. 17) is moot. Forsyth v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997) ("[T]he amended complaint supersedes the original, the latter being treated thereafter as non-existent."); A.R.D. v. Kerry, 2014 WL 12617410, *1 (D. Ariz. 2014) (denying motion to dismiss as moot after superseding amended complaint was filed).
Accordingly,
IT IS ORDERED that the parties' stipulation (Doc. 20) is granted. Defendant shall respond to the SAC by March 20, 2020. The motion to dismiss (Doc. 17) is denied as moot.
Source: Leagle
