Sandoval v. Kaiser Foundation Health Plan, Inc.

Filing 16

ORDER signed by Judge Garland E. Burrell, Jr. on 1/6/2015 DENYING 7 Motion to Dismiss as moot. (Michel, G)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NICASIO SANDOVAL,

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No. 1:14-CV-01466-GEB-BAM

Plaintiff,
v.
KAISER FOUNDATION HEALTH
PLAN, INC.,

ORDER DENYING DEFENDANT’S MOTION
AS MOOT

Defendant.

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On November 24, 2014 Defendant Kaiser Foundation Health

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Plan, Inc. filed a motion to dismiss or alternatively to transfer

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venue and for a more definite statement. (ECF No. 7.) However,

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Plaintiff timely filed a First Amended Complaint on December 5,

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2014, which is now the operative pleading. See Hal Roach Studios,

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Inc. v. Richard Feiner & Co., Inc., 896 F.2d 1542, 1546 (9th Cir.

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1989) (stating “an amended pleading supersedes the original”).
Since the referenced dismissal motion does not address

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the operative pleading, it is denied as moot.

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Dated:

January 6, 2015

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