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Joshua Mordoff v. City of Modesto

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 9, 2011

JOSHUA MORDOFF,
PLAINTIFF,
v.
CITY OF MODESTO, ET AL.,
DEFENDANTS.

ORDER ON DEFENDANTS' MOTION TO DISMISS (Doc. No. 30)

Defendants filed a Rule 12(b)(6) Motion to Dismiss on November 9, 2011. On December 8, 2011, Magistrate Judge Beck signed a stipulation for Plaintiff to file a second amended complaint on or by December 9, 2011. See Doc. No. 34. On December 8, 2011, Plaintiff filed his second amended complaint. See Doc. No. 35.

An "amended complaint supersedes the original, the latter being treated thereafter as nonexistent." Forsyth v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997); Loux v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967). Here, the second amended complaint supersedes the first amended complaint, and the first amended complaint is treated as non-existent. See id. Since Defendants' motion attacks Plaintiff's now "non-existent" first amended complaint, Defendants' motion to dismiss is moot.

Accordingly, IT IS HEREBY ORDERED that Defendants's motion to dismiss (Doc. No. 30) is DENIED as moot.

IT IS SO ORDERED.

CHIEF UNITED STATES DISTRICT JUDGE

ciem0h

20111209

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