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Joseph Velson v. American President Lines Ltd.

UNITED STATES DISTRICT COURT Northern District of California


September 6, 2012

JOSEPH VELSON
PLAINTIFF(S),
v.
AMERICAN PRESIDENT LINES LTD. DEFENDANT(S).

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

9 10 Pending before the Court is Defendant's Motion to Dismiss. (Dkt. No. 3.) However, on 11 September 5, 2012, Plaintiff filed an Amended Complaint. (Dkt. No. 6.) Under Federal Rule of 12 Civil Procedure 15, a party may amend its pleading once "as a matter of course" within "21 days For the Northern District of California For the Northern District of California For the Northern District of California COURT COURT OURT 13 after service of a responsive pleading or 21 days after service of a motion. Fed. R. Civ. P. 15(a)(1). C C original complaint, the Court hereby DENIES Defendant's motion as moot. Defendant shall file an S S S

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, which is treated as non-existent. Since Defendant's motion is based on Plaintiff's 18 answer or other responsive pleading within 21 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. 23 24

20120906

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