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Cable v. Microsoft Corp.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


May 14, 2009

RESHELLE CABLE, MATHEW CADWELL, KATIE COELHO, WILLIAM DRAPEAU, JOSHUA HARDT, CHRIS VILLANUEVA, AND JOHN CAMERON, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
MICROSOFT CORPORATION AND DOES 1-500, DEFENDANTS.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

ORDER*fn1

Defendant moves for dismissal of Plaintiffs' First Amended Complaint ("FAC"). However, after this motion was filed, Plaintiffs filed a Second Amended Complaint that "supersedes" the FAC and results in the FAC being "treated . . . as non-existent." Forsyth v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997) (quotation and citation omitted). Therefore, the motion is denied.


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