Altmann v. Indymac Federal Bank, et al

Filing 16

ORDER signed by Judge Garland E. Burrell, Jr on 10/27/09 ORDERING that on 9/21/09, Defendants Mortgage Electronic Registration Systems, Inc. and Green Tree Servicing, LLC each filed a motion to dismiss Plaintiff's complaint. 8 , 10 On 10/23/0 9, however, Plaintiff filed a First Amended Complaint, which is now the operative pleading. See Hal Roach Studios, Inc. v. Richard Feiner and Co., 896 F.2d 1542, 1546 (9th Cir. 1989) (stating an amended complaint supercedes the prior complaint). Since the pending motions do not address the operative pleading, they are Denied as Moot. (Becknal, R)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 On September 21, 2009, Defendants Mortgage Electronic 15 Registration Systems, Inc. and Green Tree Servicing, LLC each filed a 16 motion to dismiss Plaintiff's complaint. 17 October 23, 2009, however, Plaintiff filed a First Amended Complaint , 18 which is now the operative pleading. 19 Richard Feiner and Co., 896 F.2d 1542, 1546 (9th Cir. 1989) (stating 20 an amended complaint supercedes the prior complaint). 21 pending motions do not address the operative pleading, they are denied 22 as moot. 23 24 25 26 27 28 1 GARLAND E. BURRELL, JR. United States District Judge Dated: October 27, 2009 Since the See Hal Roach Studios, Inc. v. (Docket Nos. 8, 10.) On v. INDYMAC FEDERAL BANK, et al., Defendants. ERNEST ALTMANN, Plaintiff, ) ) ) ) ) ) ) ) ) ) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

2:09-cv-02361-GEB-GGH ORDER DISMISSING MOTIONS TO DISMISS AS MOOT