Universal Casualty Company v. A&H Express, et al,.

Filing 62

ORDER signed by Judge Garland E. Burrell, Jr on 3/7/12; On June 30, 2011, Defendant Robert Newcomer filed an unnoticed motion to dismiss Plaintiff's First Amended Complaint. (ECF No. 22.) However, Plaintiff filed a Second Amended Complaint on Se ptember 14, 2011, which is now the operative pleading. See Hal Roach Studios, Inc., v. Richard Feiner and Co., Inc., 896 F.2d 1542, 1546 (9th Cir. 1989)(stating an amended complaint supercedes the prior complaint). Since the pending dismissal motion does not address the operative pleading, it is denied as moot. (Matson, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNIVERSAL CASUALTY COMPANY,
Plaintiff,

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v.

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A & H EXPRESS, INC., AMANDEEP
SANDU, AJMER SINGH, JACKIE
FLETCHER, CLAYTON BAKER, ROBERT
NEWCOMER, DENENE DELGADO,
MICHAEL IRION, ESTATE OF CLAY
NEWCOMER, ESTATE OF DOTSIE
IRION, PROGRESSIVE CLASSIC
INSURANCE COMPANY, NATIONWIDE
MUTUAL INSURANCE COMPANY, 21ST
CENTURY INSURANCE COMPANY,
Defendants.
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On

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June

30,

2011,

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2:11-cv-00354-GEB-EFB
ORDER DENYING DISMISSAL
MOTION AS MOOT

Defendant

Robert

Newcomer

filed

an

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unnoticed motion to dismiss Plaintiff’s First Amended Complaint. (ECF

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No.

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September 14, 2011, which is now the operative pleading. See Hal Roach

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

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Cir. 1989)(stating an amended complaint supercedes the prior complaint).

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Since the pending dismissal motion does not address the operative

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pleading, it is denied as moot.

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Dated:

22.)

However,

Plaintiff

filed

a

Second

Amended

Complaint

March 7, 2012

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GARLAND E. BURRELL, JR.
United States District Judge

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on

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