DeVault v. Maricopa, County of et al

Filing 27

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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1 WO JWB 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 MARISSA DEVAULT, Plaintiff, 10 11 vs. 12 MARICOPA COUNTY, et al., 13 Defendants. 14 ) ) ) ) ) ) ) ) ) ) ) ) No. CV 11-1423-PHX-RCB (MEA) ORDER 15 Before the Court is Defendants’ Motion to Dismiss (Doc. 5). The motion will be 16 17 denied without prejudice to refiling. 18 Defendants filed their motion on August 8, 2011 (Doc. 5). Plaintiff, however, filed 19 a motion to amend, which was granted on November 7, 2011 (Doc. 26). Consequently, the 20 motion to dismiss relates to the original Complaint, which is no longer the operative pleading 21 in this action. Hal Roach Studios v. Richard Feiner & Co., 896 F.2d 1542, 1546 (9th Cir. 22 1990) (“an amended pleading supersedes the original”). The Court will therefore deny the 23 motion to dismiss without prejudice to refiling. IT IS ORDERED withdrawing the reference to the Magistrate Judge as to 24 25 26 27 28 ... 1 Defendants’ Motion to Dismiss (Doc. 5) and it is denied as moot without prejudice to 2 refiling. 3 DATED this 7th day of November, 2011. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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