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Liborio Hernandez and Rogelio v. Nor-Cal Moving Services

UNITED STATES DISTRICT COURT Northern District of California


April 23, 2013

LIBORIO HERNANDEZ AND ROGELIO
RODRIGUEZ-PEREZ,
PLAINTIFFS,
v.
NOR-CAL MOVING SERVICES,
DEFENDANT.

The opinion of the court was delivered by: Maria-Elena James United States Magistrate Judge

ORDER DENYING AS MOOT DEFENDANT'S MOTION TO DISMISS

Pending before the Court is Defendant's Motion to Dismiss. Dkt. No. 18. However, on 12 April 19, 2013, Plaintiff filed an Amended Complaint. Dkt. No. 22. Under Federal Rule of Civil Procedure 15, a party may amend its pleading once "as a matter of course" within "21 days after C C 14 service of a responsive pleading or 21 days after service of a motion. Fed. R. Civ. P. 15(a)(1). complaint, which is treated as non-existent.

15 Thus, as no prior amended complaints have been filed, Plaintiff was entitled to file an amended D 16 complaint as a matter of course under Rule 15(a). The amended complaint supersedes the original Since Defendant's motion is based on Plaintiff's 18 original complaint, the Court hereby DENIES Defendant's motion as moot. Defendant shall file an 19 answer or other responsive pleading within 21 days from the date of this Order. 20 Plaintiff is advised that no further amendments may be made without seeking leave of Court 21 pursuant to Rule 15 and Civil Local Rule 7. Any attempt to file an amended complaint without 22 proper notice to Defendant under Civil Local Rule 7 and a court order shall be stricken. 23 IT IS SO ORDERED.

20130423

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