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Gordon v. GMAC

September 8, 2010

AMON GORDON, PLAINTIFF,
v.
GMAC, ET AL., DEFENDANTS.



The opinion of the court was delivered by: M. James Lorenz United States District Court Judge

ORDER DENYING WITHOUT PREJUDICE AMENDED MOTION TO DISMISS AND AMENDED MOTION TO STRIKE [doc. nos. 8, 9]

Defendants Portfolio Recovery Associates, Inc. and PRA Location Services LLC filed amended motions to strike portions of the complaint and to dismiss the complaint. Plaintiff filed an amended complaint on August 30, 2010. Because an amended complaint supersedes a prior complaint as a pleading, when a plaintiff elects to file an amended complaint, a district court may treat an existing motion to dismiss as moot. Forsyth v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997); Hal Roach Studios, Inc. v. Richard Feiner & Co., 896 F.2d 1542, 1546 (9th Cir. 1990). Accordingly, the Court DENIES AS MOOT and WITHOUT PREJUDICE defendants' amended motions to strike and to dismiss the complaint.

IT IS SO ORDERED.

20100908

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