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Scooter's Pals Rescue v. County of Placer; Mark Starr

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


March 6, 2013

SCOOTER'S PALS RESCUE, PLAINTIFF,
v.
COUNTY OF PLACER; MARK STARR, DVM; ANTHONY LA BOUFF; RICHARD BURTON, M.D.; AND JAMES GANDLEY, M.D.,*FN1 DEFENDANTS.

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

ORDER DENYING MOTION TO DISMISS

The dismissal motion filed on November 19, 2012, (ECF No. 17), is denied since the motion concerns Plaintiff's First Amended Complaint, which is no longer the operative pleading in this action, since Plaintiff filed a Second Amended Complaint ("SAC") on March 6, 2013. See Hal Roach Studios, Inc., v. Richard Feiner & Co., Inc., 896 F.2d 1542, 1546 (9th Cir. 1989) (stating "an amended pleading supersedes the original"); Jones v. TW & Co., Inc., No. 1:11-CV-1242 AWI JLT, 2011 WL 4055721, at *2 (E.D. Cal. Sept. 12, 2011) ("With the filing of the [SAC], that complaint will be the active complaint and [Defendants'] motion to dismiss will be [denied].").


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