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Murray v. Law Offices of Burgess

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


June 10, 2009

NANCY D. MURRAY, PLAINTIFF,
v.
LAW OFFICES OF DOUGLAS R. BURGESS, ESQ., DEFENDANT.

ORDER

Plaintiff has filed an amended complaint. Under Federal Rule of Civil Procedure 15(a), a plaintiff may amend his or her pleading once as a matter of course before being served with a responsive pleading. Defendant in this case has filed a motion to dismiss but has not served a responsive pleading.*fn1 Plaintiff's amended complaint has therefore superseded her original pleading, and defendant's motion is moot. Defendant will be granted twenty days to respond to the amended complaint with a new motion, if appropriate, or a responsive pleading. Any new motion must be noticed for hearing before the undersigned.

IT IS ORDERED that:

1. Defendant's April 30, 2009 motion to dismiss (Doc. No. 6) is denied as moot; and

2. Defendant shall respond to plaintiff's June 1, 2009 amended complaint (Doc. No. 9) within twenty days after service of this order.


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