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Thompson v. Chase Bank N.A.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


January 6, 2010

PATRICIA THOMPSON, ET AL., PLAINTIFFS,
v.
CHASE BANK N.A., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Hon. Dana M. Sabraw United States District Judge

ORDER DENYING MOTION TO DISMISS AS MOOT

Presently before the Court is a motion to dismiss and motion to strike filed by Defendant Chase Bank USA, N.A. (Doc. 5) Instead of opposing, Plaintiffs have filed a First Amended Complaint. A party is entitled to amend pleadings once "as a matter of course" at any time before a responsive pleading is served. Fed. R. Civ. P. 15(a); see Shaver v. Operating Eng'rs Local 428 Pension Trust Fund, 332 F.3d 1198, 1201 (9th Cir. 2003) (motion to dismiss is not a responsive pleading). Because Plaintiffs' amended pleading supersedes the original complaint, the original is no longer operative. Bullen v. De Bretteville, 239 F.2d 824, 833 (9th Cir. 1956). Defendant's motion is therefore denied as moot.

IT IS SO ORDERED.

20100106

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