Jacques vs. Bank of America Corporation, et al.

Filing 83

ORDER DENYING 74 Plaintiff's Motion to Strike Affirmative defenses as MOOT and VACATING 10/2/2013 Hearing. Signed by Magistrate Judge Stanley A. Boone on 10/1/2013. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TROY JACQUES,

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Plaintiff,

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v.

Case No. 1:12-cv-00821-SAB
ORDER DENYING PLAINTIFF’S MOTION TO
STRIKE AFFIRMATIVE DEFENSES AS MOOT
AND VACATING OCTOBER 2,2 013 HEARING

BANK OF AMERICA, et al.,
(ECF No. 74)

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Defendants.

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Plaintiff Troy Jacques filed a motion to strike Defendant Bank of America’s affirmative

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defenses on August 6, 2013. (ECF No. 74.) On August 20, 2013, an order issued on the parties

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stipulation to continue the hearing on the motion to October 2, 2013 at 9:30 a.m. in Courtroom 9.

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Defendant Bank of America filed an amended answer on September 19, 2013. An amended

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pleading supersedes the original pleading and it is if the original pleading did not exist. Ferdik v.

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Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). The answer having now been superseded by the

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amended answer, Armstrong v Davis, 275 F.3d 849, 877 n.39 (9th Cir. 2001) (abrogated on other

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grounds by Johnson v. California, 543 U.S. 499, 504-05 (2005), Plaintiff’s motion to strike the

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affirmative defenses in the answer is now moot.

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Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff’s motion to strike Bank

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of America’s affirmative defenses is DENIED without prejudice as MOOT and the hearing set for

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October 2, 2013 is VACATED.

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IT IS SO ORDERED.

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Dated:
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October 1, 2013

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UNITED STATES MAGISTRATE JUDGE

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