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Anderson v. Select Comfort Retail Corp.

March 3, 2010

KANDY ANDERSON AND DOUGLAS ANDERSON, PLAINTIFFS,
v.
SELECT COMFORT RETAIL CORPORATION, A MINNESOTA CORPORATION; AND DOES 1 THROUGH 50, INCLUSIVE, DEFENDANTS.



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

ORDER DENYING DEFENDANT'S MOTION TO DISMISS AS MOOT

On January 22, 2010, defendant Select Comfort Retail Corporation filed a motion in which it seeks to dismiss plaintiffs' complaint. However, the parties jointly filed a Stipulation on February 19, 2010, in which they agreed to allow plaintiffs to file a first amended complaint. Plaintiffs filed a first amended complaint that same day. Further, an order filed February 23, 2010, approved the Stipulation; therefore, plaintiffs' first amended complaint is now the operative pleading. See Hal Roach Studios, Inc., v. Richard Feiner and Co., Inc., 896 F.2d 1542, 1546 (9th Cir. 1989) (stating an amended complaint supercedes the prior complaint). Since the pending dismissal motion does not address the operative pleading, it is denied as moot.

20100303

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