UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
May 23, 2011
GUSTAVO GODOY, PLAINTIFF,
UNITED STATES OF AMERICA ET AL.,
The opinion of the court was delivered by: M. James Lorenz United States District Court Judge
ORDER DENYING DEFENDANT'S MOTION TO DISMISS AS MOOT
On April 26, 2011 Defendant United States of America filed a motion to dismiss the complaint. On May 17, 2011 Plaintiff filed the first amended complaint. The amended complaint was timely filed pursuant to Federal Rule of Civil Procedure 15(a).
An amended complaint supersedes a prior complaint as a pleading. Forsyth v. Humana, , 114 F.3d 1467, 1474 (9th Cir. 1997), aff'd on other grounds, Humana, Inc. v. Forsyth, 525 U.S. 299 (1999). A district court may treat as moot a pending motion to dismiss a superseded pleading. See William W. Schwarzer et al., Fed. Civ. Proc. Before Trial ¶ 9:262 (2011). Accordingly, Defendant's motion to dismiss is DENIED WITHOUT PREJUDICE.
It is further ORDERED that Defendant shall file a response to the amended complaint, if any, within the time provided in Rule 15(a)(3).
The hearing on Defendant's motion to dismiss, currently set on this court's calendar for July 11, 2011, is VACATED.
IT IS SO ORDERED.
COPY TO: HON. NITA L. STORMES UNITED STATES MAGISTRATE JUDGE ALL PARTIES/COUNSEL
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