UNITED STATES DISTRICT COURT Northern District of California
July 24, 2012
GRANITE ROCK COMPANY PLAINTIFF(S),
TEAMSTERS UNION LOCAL NO 890
The opinion of the court was delivered by: Maria-Elena James Chief United States Magistrate Judge
ORDER DENYING AS MOOT DEFENDANT'S MOTION TO 6 DISMISS
Pending before the Court is Defendant's Motion to Dismiss. (Dkt. No. 7.) However, on July 11 23, 2012, Plaintiff filed an Amended Complaint. (Dkt. No. 12.) Under Federal Rule of Civil 12 Procedure 15, a party may amend its pleading once "as a matter of course" within "21 days after service of a responsive pleading or 21 days after service of a motion. Fed. R. Civ. P. 15(a)(1). on Plaintiff's original complaint, the Court hereby DENIES Defendant's motion as moot. Defendant 14 Thus, as no prior amended complaints have been filed, Plaintiff was entitled to file an amended 15 complaint as a matter of course under Rule 15(a). The amended complaint supersedes the original 16 complaint, and the original complaint is treated as non-existent. Since Defendant's motion is based 18 shall file an answer or other responsive pleading within 30 days from the date of this Order. 19 Plaintiff is advised that no further amendments may be made without seeking leave of Court 20 pursuant to Rule 15 and Civil Local Rule 7. Any attempt to file an amended complaint without 21 proper notice to Defendant under Civil Local Rule 7 and a court order shall be stricken. 22 IT IS SO ORDERED.
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