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Givemepower Corp. v. Pace Compumetrics

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


March 27, 2007

GIVEMEPOWER CORPORATION, PLAINTIFF,
v.
PACE COMPUMETRICS, INC.; TERRY (DOC. # 3) RESNICK; JODY RESNICK; RONALD S. BERG; AND RANDOLPH WILLIS, DEFENDANTS.

The opinion of the court was delivered by: Hayes, Judge

ORDER DENYING MOTION TO DISMISS AS MOOT

Pending before the Court is Defendant Pace Compumetrics, Inc.'s "Motion to Dismiss Complaint and Motion to Strike Portions of Complaint" ("Motion to Dismiss") (Doc. # 3), filed March 14, 2007. On March 16, 2007, Plaintiff filed a Verified 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 Verified First Amended Complaint was filed. Therefore, Defendant's Motion to Dismiss (Doc. # 3) is DENIED AS MOOT.

WILLIAM Q. HAYES United States District Judge

20070327

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