Filed: Jul. 20, 2018
Latest Update: Jul. 20, 2018
Summary: ORDER DENYING DEFENDANTS' MOTIONS TO DISMISS AND TO STRIKE AS MOOT [DOCS. 9, 10] THOMAS J. WHELAN , District Judge . On June 11, 2018, Defendants filed motions to dismiss the complaint and to strike its prayer for punitive damages. [Docs. 9, 10.] 21 days later, on July 2, 2018, Plaintiff filed a First Amended Complaint ("FAC"). [Doc. 12.] 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 circu
Summary: ORDER DENYING DEFENDANTS' MOTIONS TO DISMISS AND TO STRIKE AS MOOT [DOCS. 9, 10] THOMAS J. WHELAN , District Judge . On June 11, 2018, Defendants filed motions to dismiss the complaint and to strike its prayer for punitive damages. [Docs. 9, 10.] 21 days later, on July 2, 2018, Plaintiff filed a First Amended Complaint ("FAC"). [Doc. 12.] 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 circui..
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ORDER DENYING DEFENDANTS' MOTIONS TO DISMISS AND TO STRIKE AS MOOT [DOCS. 9, 10]
THOMAS J. WHELAN, District Judge.
On June 11, 2018, Defendants filed motions to dismiss the complaint and to strike its prayer for punitive damages. [Docs. 9, 10.] 21 days later, on July 2, 2018, Plaintiff filed a First Amended Complaint ("FAC"). [Doc. 12.]
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' motions [Doc. 9, 10] as moot.
IT IS SO ORDERED.
