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Hite v. Wachovia Mortgage

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


December 15, 2009

LARRY HITE AND ELIZABETH HITE, PLAINTIFFS,
v.
WACHOVIA MORTGAGE, JEFFREY ALAN PELLETIER, PAMELA K. SUMMERS, WORLD SAVINGS BANK FSB, PELLETIER FINANCIAL; DEFENDANTS.

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

ORDER DENYING MOTIONS AS MOOT*fn1

On November 9, 2009, Defendant Jeffrey Alan Pelletier filed a motion to dismiss Plaintiffs' complaint and on November 11, 2009, Defendant Wachovia Mortgage filed motions to dismiss and strike Plaintiffs' complaint. (Docket Nos. 8, 9, 11.) On December 4, 2009, however, Plaintiffs filed a First Amended Complaint, 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). Therefore, the motions filed on November 9 and November 11, 2009 are denied as moot.


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