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Pantoja v. Mylor Financial Group

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


March 30, 2010

CARMEN SOSA PANTOJA, PLAINTIFF,
v.
MYLOR FINANCIAL GROUP, INC., 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 filed by Defendants Bank of America Corporation and Bank of America Home Loans Servicing, LLP. (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.

20100330

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