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Teodora Velazquez, et al v. Waste Management National Services

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


May 13, 2013

TEODORA VELAZQUEZ, ET AL.,
PLAINTIFFS,
v.
WASTE MANAGEMENT NATIONAL SERVICES, INC., ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Maxine M. Chesney United States District Judge

ORDER DENYING AS MOOT MOTION TO DISMISS INITIAL COMPLAINT AND MOTION TO SEVER CLAIMS ALLEGED IN INITIAL COMPLAINT

On April 5, 2013, defendants filed two motions: (1) a motion to dismiss plaintiffs' initial complaint, and (2) a motion to sever certain claims from the initial complaint. On April 26, 2013, plaintiffs filed a First Amended Complaint. "[A]n amended pleading supersedes the original, the latter being treated thereafter as non-existent." Bullen v. De Bretteville, 239 F.2d 824, 833 (9th Cir. 1956), cert. denied, 353 U.S. 947 (1957). Accordingly, defendants' motion to dismiss the initial complaint and defendants' motion to sever claims from the initial complaint are hereby DENIED as moot.

IT IS SO ORDERED.

20130513

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