Rodney H Dixon v. NPG Music Publishing, LLC et al

Filing 29

ORDER DENYING MOTION TO DISMISS AS MOOT 13 by Judge Otis D. Wright, II: Plaintiff filed a first amended complaint on April 5, 2017, sixteen days later. (ECF No. 26.) Rule 15(a)(1) allows Plaintiff to file an amended complaint once, as a matter of course, within twenty-one days of service with a Rule 12(b) motion. Therefore, Plaintiffs amended complaint was proper. As the pending motion to dismiss was based on a complaint that is no longer operative, the motion is DENIED as MOOT. (lc). Modified on 4/7/2017 .(lc).

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United States District Court
Central District of California

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RODNEY HERACHIO DIXON,

Case № 5:17-cv-00363-ODW (DTB)

Plaintiff,

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v.

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ORDER DENYING MOTION TO

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NPG MUSIC PUBLISHING, LLC; NPG

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RECORDS, INC.; COMERICA BANK

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AND TRUST N.A.; and DOES 1–10,
Defendants.

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DISMISS AS MOOT [13]

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Defendants NPG Publishing LLC and NPG Records Inc. served Plaintiff

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Rodney Herachio Dixon with a Federal Rule of Civil Procedure 12(b)(6) motion to

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dismiss in this case on March 20, 2017. (ECF No. 13.) Plaintiff filed a first amended

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complaint on April 5, 2017, sixteen days later. (ECF No. 26.) Rule 15(a)(1) allows

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Plaintiff to file an amended complaint once, as a matter of course, within twenty-one

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days of service with a Rule 12(b) motion. Therefore, Plaintiff’s amended complaint

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was proper. As the pending motion to dismiss was based on a complaint that is no

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longer operative, the motion is DENIED as MOOT. See Ramirez v. Cty. of San

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Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015).

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IT IS SO ORDERED.

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April 7, 2017

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____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

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