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Davis Moreno Construction, Inc. v. Frontier Steel Buildings Corp.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 16, 2009

A CALIFORNIA CORPORATION, DAVIS MORENO CONSTRUCTION, INC., PLAINTIFF,
v.
FRONTIER STEEL BUILDINGS CORP., A COLORADO CORPORATION, DEFENDANT.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

ORDER ON DEFENDANT'S MOTIONS TO DISMISS (DOC. 8)

Plaintiff Davis Moreno Construction, Inc. ("Davis") brings this breach of contract action against Defendant Frontier Steel Buildings Corporation ("Frontier") based on diversity of citizenship. On August 28, 2008, Defendant filed its motions to dismiss for defective service of process, lack of personal jurisdiction, and improper venue. (Doc. 8.) A hearing on the motions was held February 2, 2009. The parties were directed to submit supplemental briefing with respect to the choice of law provision in the contract at issue and a list of anticipated witnesses by February 17, 2009. (Doc. 21.)

On February 17, 2009, Plaintiff filed its first amended complaint. (Doc. 24.) An amended complaint supersedes a previous complaint, rendering moot a motion to dismiss the original complaint. Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). "[A]fter amendment the original pleading no longer performs any function and is 'treated thereafter as nonexistent'...." Id.

Accordingly, Defendant Frontier's motions to dismiss for defective service of process, lack of personal jurisdiction, and improper venue are DENIED AS MOOT.

IT IS SO ORDERED.

20090316

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