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Petracek v. American Home Mortgage Service

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


September 3, 2009

CLINTON PETRACEK AND KELLY PETRACEK, PLAINTIFFS,
v.
AMERICAN HOME MORTGAGE SERVICE, DEFENDANT.

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

ORDER DISMISSING MOTION TO DISMISS AS MOOT

On July 27, 2009, Defendant American Home Mortgage Service filed a motion to dismiss Plaintiffs' complaint. (Docket No. 7.) On September 1, 2009, however, Plaintiffs filed a First Amended Complaint (Docket No. 13), which is now the operative pleading. See Hal Roach Studios, Inc. v. Richard Feiner and Co., 896 F.2d 1542, 1546 (9th Cir. 1989) (stating an amended complaint supercedes the prior complaint).

Since the pending motion does not address the operative pleading, it is denied as moot.

20090903

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