Global Rescue Jets LLC v. Kaiser Foundation Health Plan, Inc., 3:19-cv-01737-L-NLS. (2019)
Court: District Court, N.D. California
Number: infdco20191016a77
Visitors: 5
Filed: Oct. 15, 2019
Latest Update: Oct. 15, 2019
Summary: ORDER: (1) GRANTING PLAINTIFF'S MOTION TO VACATE [Doc. 10]; AND (2) DENYING AS MOOT DEFENDANT'S MOTION TO DISMISS M. JAMES LORENZ , District Judge . On September 17, 2019, Defendant filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1) [Doc. 5]. Instead of filing an opposition, on October 8, 2019, Plaintiff filed an amended complaint. See Doc. 8. Pursuant to Federal Rule of Civil Procedure 15(a), the amended complaint was timely filed as of right. An amended com
Summary: ORDER: (1) GRANTING PLAINTIFF'S MOTION TO VACATE [Doc. 10]; AND (2) DENYING AS MOOT DEFENDANT'S MOTION TO DISMISS M. JAMES LORENZ , District Judge . On September 17, 2019, Defendant filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1) [Doc. 5]. Instead of filing an opposition, on October 8, 2019, Plaintiff filed an amended complaint. See Doc. 8. Pursuant to Federal Rule of Civil Procedure 15(a), the amended complaint was timely filed as of right. An amended comp..
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ORDER:
(1) GRANTING PLAINTIFF'S MOTION TO VACATE [Doc. 10]; AND
(2) DENYING AS MOOT DEFENDANT'S MOTION TO DISMISS
M. JAMES LORENZ, District Judge.
On September 17, 2019, Defendant filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1) [Doc. 5]. Instead of filing an opposition, on October 8, 2019, Plaintiff filed an amended complaint. See Doc. 8. Pursuant to Federal Rule of Civil Procedure 15(a), the amended complaint was timely filed as of right. An amended complaint supersedes a prior complaint as a pleading. Ramirez v. County of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015). Accordingly, Defendants' motion to dismiss the initial complaint is DENIED AS MOOT.
On October 14, 2019, Plaintiff's also filed a motion to vacate the hearing date related to Defendant's motion to dismiss. In light of Plaintiff filling an amended complaint, the briefing schedule and its attendant hearing date shall be vacated.
Accordingly, Plaintiff's motion to vacate is GRANTED.
IT IS SO ORDERED.
Source: Leagle
