Ogolenko et al v. EMC Mortgage Corporation et al
ORDER signed by Judge Garland E. Burrell, Jr on 7/15/09 ORDERING that Defendant's MOTION to Dismiss 7 is DENIED as moot. (Mena-Sanchez, L)
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 GARLAND E. BURRELL, JR. United States District Judge ALEX OGOLENKO and TANYA OGOLENKO, ) ) Plaintiffs, ) ) v. ) ) EMC MORTGAGE CORPORATION, ) GREENPOINT MORTGAGE FUNDING, INC., ) CAL-WESTERN RECONVEYANCE ) CORPORATION, MORTGAGE ELECTRONIC ) REGISTRATION SYSTEMS, INC., ) AMERICAN CAPITAL FINANCIAL ) SERVICES, INC., RODDY WONG, LIDIYA ) SITARUK and DOES 1-20 inclusive, ) ) Defendants. ) ) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
On June 8, 2009, Defendants filed a Motion to Dismiss Plaintiff's Complaint. However, on July 5, 2009, Plaintiff filed a
First Amended Complaint, which is now the operative pleading and renders the motion moot. See Hal Roach Studios, Inc. v. Richard
Feiner and Co., Inc., 896 F.2d 1542, 1546 (9th Cir. 1989) (stating "an amended pleading supersedes the original" or prior complaint). Therefore, Defendants' motion is denied as moot. Dated: July 15, 2009
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