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Alleyne H. Long, An Individual v. Bank of America

March 28, 2013

ALLEYNE H. LONG, AN INDIVIDUAL,
PLAINTIFF,
v.
BANK OF AMERICA, N.A., A NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST TO COUNTRYWIDE BANK,
A CALIFORNIA CORPORATION; AND RECONTRUST COMPANY, N.A., A WHOLLY-OWNED SUBSIDIARY OF BANK OF AMERICA, N.A.;
DEFENDANTS.



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

ORDER

Defendants' dismissal motion filed on March 7, 2012, (ECF No. 5), is denied since it concerns Plaintiff's Complaint, which is no longer the operative pleading in this action. 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) (denying a dismissal motion based on a non-operative complaint).

20130328

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