Jean v. Sedgwick Claims Management Services, Inc.

Filing 13

ORDER VACATING Hearing and DENYING 7 Motion to Dismiss as MOOT, signed by District Judge Anthony W. Ishii on 9/20/2017. (Kusamura, W)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THADDEUS JEAN,

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CASE NO. 1:17-CV-1161 AWI MJS
Plaintiff
ORDER VACATING HEARING AND
DENYING MOTION TO DISMISS AS
MOOT

v.
SEDGWICK CLAIMS MANAGEMENT
SERVICES,

(Doc. No. 7)
Defendant

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This action was removed from the Stanislaus County Superior Court on August 28, 2017.
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See Doc. No. 1. On September 1, 2017, Defendant filed a motion to dismiss. See Doc. No. 7.
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Hearing on this motion is set for September 25, 2017. On September 18, 2017, Plaintiff filed a
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first amended complaint. See Doc. No. 11.
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Federal Rule of Civil Procedure 15 governs amended pleadings. In pertinent part, Rule
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15(a) reads: “A party may amend its pleading once as a matter of course within . . ., if the

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pleading is one to which a responsive pleading is required, 21 days after service of the responsive
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pleading or 21 days after service of a motion under Rule 12(b) . . . .” Fed. R. Civ. P. 15(a)(1)(B).
A properly filed “amended complaint supersedes the original [complaint], the latter being treated

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thereafter as non-existent.” Ramirez v. County of San Bernardino, 806 F.3d 1002, 1008 (9t h Cir.
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20015); Loux v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967).
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Here, Plaintiff's amended complaint is timely under Rule 15(a)(1)(B) since it was filed

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within 21 days of the motion to dismiss. Defendants’ motion now attacks a complaint that is no

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longer operative. Ramirez, 806 F.3d at 1008. Therefore, the hearing on Defendants' motion to

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dismiss will be vacated and the motion will be denied as moot. Id.

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Accordingly, IT IS HEREBY ORDERED that:

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The September 25, 2017 hearing is VACATED;

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Defendants' motion to dismiss (Doc. No. 7) is DENIED as MOOT; and

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Defendants may file an answer or other responsive motion or pleading to the First

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Amended Complaint within twenty-one (21) days of service of this order.

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IT IS SO ORDERED.
Dated: September 20, 2017
SENIOR DISTRICT JUDGE

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