On August 6, 2010, Defendants Ballantine, David Albertson, Eric Albertson, Richard Graham, Redwood Farms, and Babijuice's (collectively "Defendants") filed a motion to dismiss Plaintiff Wagon Wheel Farms, Inc.'s ("Wagon Wheel") Second-Amended Complaint, which was filed on July 20, 2010. On July 30, 2010, however, Wagon Wheel filed a Third-Amended Complaint.*fn1 Wagon Wheel filed its Third-Amended Complaint in response to the Court's July 16, 2010 Order, which allowed Wagon Wheel to file an amended complaint on or by July 30, 2010. The Third-Amended Complaint supersedes the original complaint, and the original complaint is treated as non-existent. An "amended complaint supersedes the original, the latter being treated thereafter as non-existent." Forsyth v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997); see also Loux v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967). Since Defendants' motion attacks Wagon Wheel's Second-Amended Complaint and now "non-existent" complaint, Defendants' motion is now moot.
Accordingly, IT IS HEREBY ORDERED that Defendants' motion to dismiss, which is Document Number 205 on the Court's docket, is DENIED as moot.