Filed: Aug. 16, 2016
Latest Update: Aug. 16, 2016
Summary: ORDER DENYING AS MOOT DEFENDANTS' MOTION TO DISMISS MAXINE M. CHESNEY , District Judge . Before the Court is defendants' "Motion to Dismiss Plaintiff's Complaint," filed July 14, 2016, by which defendants seek dismissal pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. On August 4, 2016, plaintiff filed an Amended Complaint ("AC"). 1 A party may amend a pleading "once as a matter of course within . . . 21 days after service of a responsive pleading or 21 days after servic
Summary: ORDER DENYING AS MOOT DEFENDANTS' MOTION TO DISMISS MAXINE M. CHESNEY , District Judge . Before the Court is defendants' "Motion to Dismiss Plaintiff's Complaint," filed July 14, 2016, by which defendants seek dismissal pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. On August 4, 2016, plaintiff filed an Amended Complaint ("AC"). 1 A party may amend a pleading "once as a matter of course within . . . 21 days after service of a responsive pleading or 21 days after service..
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ORDER DENYING AS MOOT DEFENDANTS' MOTION TO DISMISS
MAXINE M. CHESNEY, District Judge.
Before the Court is defendants' "Motion to Dismiss Plaintiff's Complaint," filed July 14, 2016, by which defendants seek dismissal pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. On August 4, 2016, plaintiff filed an Amended Complaint ("AC").1
A party may amend a pleading "once as a matter of course within . . . 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier." See Fed. R. Civ. P. 15(a)(1). "[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).
In the instant case, plaintiff filed her AC within 21 days after service of defendants' motion to dismiss, and, consequently, was entitled to amend as of right. See Fed. R. Civ. P. 15(a)(1).
Accordingly, the Court hereby DENIES as moot defendants' motion to dismiss the initial complaint.
IT IS SO ORDERED.
