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Manchester Pacific Gateway LLC v. California Coastal Commission

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


July 31, 2007

MANCHESTER PACIFIC GATEWAY LLC, A DELAWARE LIMITED LIABILITY COMPANY, PLAINTIFF,
v.
CALIFORNIA COASTAL COMMISSION, A CALIFORNIA STATE AGENCY, ET AL., DEFENDANTS.

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

ORDER DENYING MOTION TO DISMISS AS MOOT (Doc. # 6)

The matter before the Court is Defendant California Coastal Commission's Motion to Dismiss (Doc. # 6), filed July 2, 2007. On July 17, 2007, Plaintiff filed a First Amended Complaint for Declaratory Relief ("First Amended Complaint"), as was its 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 California Coastal Commission's Motion to Dismiss, addressing the original Complaint, became moot once the First Amended Complaint was filed. Therefore, Defendant California Coastal Commission's Motion to Dismiss (Doc. # 6) is DENIED AS MOOT.

WILLIAM Q. HAYES United States District Judge

20070731

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