Filed: Jun. 21, 2013
Latest Update: Jun. 21, 2013
Summary: ORDER C. W. HOFFMAN, Jr., Magistrate Judge. This matter was referred to the undersigned Magistrate Judge on Defendant Jesus Montano's Motion to Dismiss (#33), filed October 26, 2012. Since Defendant's motion (#33) was filed, the complaint has been amended twice. See Dkt. #41 and Dkt. #48. An amended complaint supersedes the prior complaint, which is treated thereafter as nonexistent. See Ferdik v. Bonzalet, 963 F.2d 1258 , 1262 (9th Cir. 1992) (an amended pleading supersedes the original
Summary: ORDER C. W. HOFFMAN, Jr., Magistrate Judge. This matter was referred to the undersigned Magistrate Judge on Defendant Jesus Montano's Motion to Dismiss (#33), filed October 26, 2012. Since Defendant's motion (#33) was filed, the complaint has been amended twice. See Dkt. #41 and Dkt. #48. An amended complaint supersedes the prior complaint, which is treated thereafter as nonexistent. See Ferdik v. Bonzalet, 963 F.2d 1258 , 1262 (9th Cir. 1992) (an amended pleading supersedes the original ..
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ORDER
C. W. HOFFMAN, Jr., Magistrate Judge.
This matter was referred to the undersigned Magistrate Judge on Defendant Jesus Montano's Motion to Dismiss (#33), filed October 26, 2012.
Since Defendant's motion (#33) was filed, the complaint has been amended twice. See Dkt. #41 and Dkt. #48. An amended complaint supersedes the prior complaint, which is treated thereafter as nonexistent. See Ferdik v. Bonzalet, 963 F.2d 1258, 1262 (9th Cir. 1992) (an amended pleading supersedes the original pleading) citing Hal Roach Studios v. Richard Feiner & Co., 896 F.2d 1542, 1546 (9th Cir. 1990). A motion to dismiss directed toward a complaint that has been superseded is, under normal circumstances, moot. See e.g., Collins v. Winex Investments, LLC, 2008 WL 927572 (S.D. Cal) ("[W]here a plaintiff elects to file an amended complaint, a district court may treat an existing motion to dismiss as moot."). Because the complaint toward which the motion to dismiss (#33) is directed has been superceded twice, the Court finds the motion (#33) is moot. The denials is without prejudice.
Based on the foregoing and good cause appearing therefore,
IT IS HEREBY ORDERED that Defendant Jesus Montano's Motion to Dismiss (#33) denied as moot. The denial is without prejudice.
