Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Bedwell v. Fish & Richardson P.C.

March 6, 2007

SAM BEDWELL, SUZANNE M. MORENO AND JONATHON SIMON, PLAINTIFFS,
v.
FISH & RICHARDSON P.C., A (DOC. # 6) CORPORATION, AND DOES 1 THROUGH 25, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: William Q. Hayes United States District Judge

ORDER DENYING MOTION TO DISMISS AS MOOT

Pending before the Court is Defendant Fish & Richardson's Motion to Dismiss Plaintiffs' Third Cause of Action ("Motion to Dismiss") (Doc. # 6), filed January 17, 2007. On February 6, 2007, Plaintiffs filed a First Amended Complaint, as was their right pursuant to the Federal Rules of Civil Procedure. See Fed. R. Civ. P. 15(a) ("A party may amend the party's pleading once as a matter of course at any time before a responsive pleading is served...."); see also Crum v. Circus Circus Enters., 231 F.3d 1129, 1130 n.3 (9th Cir. 2000) ("A motion to dismiss is not a 'responsive pleading' within the meaning of Rule 15."). Once filed, an amended complaint supersedes the original complaint in its entirety. See London v. Coopers & Lybrand, 644 F.2d 811, 814 (9th Cir. 1981). Defendant's Motion to Dismiss, addressing the original Complaint, became moot once the First Amended Complaint was filed. Therefore, Defendant's Motion to Dismiss (Doc. # 6) is DENIED AS MOOT. Defendant shall file a response to the First Amended Complaint no later than April 6, 2007, pursuant to the Court's February 22, 2007 Order granting the parties' joint motion for extension of time. (Doc. # 15.)

IT IS SO ORDERED.

20070306

© 1992-2007 VersusLaw ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.