DeVault v. Maricopa, County of et al
Filing
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ORDER withdrawing the reference to the Magistrate Judge as to Defendants' Motion to Dismiss Doc. 5 and it is denied as moot without prejudice to refiling. Signed by Judge Robert C Broomfield on 11/7/2011.(KMG)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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MARISSA DEVAULT,
Plaintiff,
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vs.
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MARICOPA COUNTY, et al.,
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Defendants.
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No. CV 11-1423-PHX-RCB (MEA)
ORDER
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Before the Court is Defendants’ Motion to Dismiss (Doc. 5). The motion will be
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denied without prejudice to refiling.
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Defendants filed their motion on August 8, 2011 (Doc. 5). Plaintiff, however, filed
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a motion to amend, which was granted on November 7, 2011 (Doc. 26). Consequently, the
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motion to dismiss relates to the original Complaint, which is no longer the operative pleading
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in this action. Hal Roach Studios v. Richard Feiner & Co., 896 F.2d 1542, 1546 (9th Cir.
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1990) (“an amended pleading supersedes the original”). The Court will therefore deny the
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motion to dismiss without prejudice to refiling.
IT IS ORDERED withdrawing the reference to the Magistrate Judge as to
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Defendants’ Motion to Dismiss (Doc. 5) and it is denied as moot without prejudice to
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refiling.
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DATED this 7th day of November, 2011.
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