Filed: Apr. 07, 2017
Latest Update: Apr. 07, 2017
Summary: ORDER DENYING AS MOOT DEFENDANT TD BANK USA, N.A.'S MOTION TO DISMISS; VACATING HEARING MAXINE M. CHESNEY , District Judge . Before the Court is defendant TD Bank USA, N.A.'s ("TD Bank") "Motion to Dismiss Plaintiff's Complaint Pursuant to Rule 12(b)(6)," filed March 17, 2017. On April 7, 2017, plaintiff filed an "Amended Complaint for Damages." 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
Summary: ORDER DENYING AS MOOT DEFENDANT TD BANK USA, N.A.'S MOTION TO DISMISS; VACATING HEARING MAXINE M. CHESNEY , District Judge . Before the Court is defendant TD Bank USA, N.A.'s ("TD Bank") "Motion to Dismiss Plaintiff's Complaint Pursuant to Rule 12(b)(6)," filed March 17, 2017. On April 7, 2017, plaintiff filed an "Amended Complaint for Damages." 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 ..
More
ORDER DENYING AS MOOT DEFENDANT TD BANK USA, N.A.'S MOTION TO DISMISS; VACATING HEARING
MAXINE M. CHESNEY, District Judge.
Before the Court is defendant TD Bank USA, N.A.'s ("TD Bank") "Motion to Dismiss Plaintiff's Complaint Pursuant to Rule 12(b)(6)," filed March 17, 2017. On April 7, 2017, plaintiff filed an "Amended Complaint for Damages."
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). "[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 Amended Complaint within 21 days after service of defendant's motion to dismiss, and, consequently, was entitled to amend as of right. See Fed. R. Civ. P. 15(a).
Accordingly, the Court hereby DENIES as moot TD Bank's motion, and VACATES the April 28, 2017 hearing scheduled thereon.
IT IS SO ORDERED.
