James v. Granger

Filing 11

ORDER Vacating September 30, 2013 Hearing And Order On Defendant's Motion To Dismiss (Doc. No. #7 ), signed by District Judge Anthony W. Ishii on 9/24/2013. (Fahrney, E)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,
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v.
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KIMBERLY GRANGER,
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Defendant.
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____________________________________)
SCOTT R. JAMES,

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1:13-CV-983 AWI SKO
ORDER VACATING
SEPTEMBER 30, 2013
HEARING AND ORDER ON
DEFENDANT’S MOTION TO
DISMISS
(Doc. No. 7)

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Defendants filed a Rule 12(b)(6) Motion to Dismiss on August 30, 2013. On September

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16, 2013, a stipulation for Plaintiff to file an amended complaint on or September 20, 2013, was

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signed. See Doc. No. 9. On September 20, 2013, Plaintiff filed an amended complaint. See

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Doc. No. 10.

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An “amended complaint supersedes the original, the latter being treated thereafter as non-

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existent.” Forsyth v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997); Loux v. Rhay, 375 F.2d

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55, 57 (9th Cir. 1967). Here, the first amended complaint supersedes the original complaint, and

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the original amended complaint is treated as non-existent. See id. Since Defendant’s motion

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attacks Plaintiff’s now “non-existent” original complaint, Defendant’s motion to dismiss is moot.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The September 30, 2013 hearing date is VACATED; and

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2.

Defendants’s motion to dismiss (Doc. No. 7) is DENIED as moot.

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IT IS SO ORDERED.

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Dated:
ciem0h

September 24, 2013
SENIOR DISTRICT JUDGE