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Ogolenko v. EMC Mortgage Corp.

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


July 15, 2009

ALEX OGOLENKO AND TANYA OGOLENKO, PLAINTIFFS,
v.
EMC MORTGAGE CORPORATION, GREENPOINT MORTGAGE FUNDING, INC., CAL-WESTERN RECONVEYANCE CORPORATION, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AMERICAN CAPITAL FINANCIAL SERVICES, INC., RODDY WONG, LIDIYA SITARUK AND DOES 1-20 INCLUSIVE, DEFENDANTS.

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

ORDER

On June 8, 2009, Defendants filed a Motion to Dismiss Plaintiff's Complaint. However, on July 5, 2009, Plaintiff filed a First Amended Complaint, which is now the operative pleading and renders the motion moot. See Hal Roach Studios, Inc. v. Richard Feiner and Co., Inc., 896 F.2d 1542, 1546 (9th Cir. 1989) (stating "an amended pleading supersedes the original" or prior complaint).

Therefore, Defendants' motion is denied as moot.

20090715

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