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Universal Casualty Company v. A & H Express

March 7, 2012

UNIVERSAL CASUALTY COMPANY,
PLAINTIFF,
v.
A & H EXPRESS, INC., AMANDEEP SANDU, AJMER SINGH, JACKIE FLETCHER, CLAYTON BAKER,
ROBERT NEWCOMER, DENENE DELGADO, MICHAEL IRION, ESTATE OF CLAY NEWCOMER, ESTATE OF DOTSIE IRION, PROGRESSIVE CLASSIC INSURANCE COMPANY, NATIONWIDE MUTUAL INSURANCE COMPANY, 21ST CENTURY INSURANCE COMPANY,
DEFENDANTS.



The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

ORDER DENYING DISMISSAL MOTION AS MOOT

On June 30, 2011, Defendant Robert Newcomer filed an unnoticed motion to dismiss Plaintiff's First Amended Complaint. (ECF No. 22.) However, Plaintiff filed a Second Amended Complaint on September 14, 2011, which is now the operative pleading. See Hal Roach Studios, Inc., v. Richard Feiner and Co., Inc., 896 F.2d 1542, 1546 (9th Cir. 1989)(stating an amended complaint supercedes the prior complaint).

Since the pending dismissal motion does not address the operative pleading, it is denied as moot.

20120307

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