Ray v. Utility Tree Service, Inc.

Filing 9

ORDER denying as moot 5 Motion to Dismiss signed by Judge Garland E. Burrell, Jr on 2/18/15. (Kaminski, H)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 KYLE RAY, 8 9 10 11 No. 2:15-cv-00182-GEB-DAD Plaintiff, v. ORDER DENYING DEFENDANT’S MOTION TO DISMISS AS MOOT UTILITY TREE SERVICE, INC., and DOES 1 through 100, inclusive, 12 Defendants. 13 Defendant 14 under filed Federal a Rule motion of to Complaint 16 January 29, 2015. (ECF No. 5.) However, Plaintiff filed a timely 17 First Amended Complaint on February 16, 2015, (ECF No. 8), which 18 is now the operative pleading. See Hal Roach Studios, Inc. v. 19 Richard Feiner & Co., Inc., 896 F.2d 1542, 1546 (9th Cir. 1989) 20 (stating “an amended pleading supersedes the original.”). Since 21 the referenced dismissal motion does not address the operative 22 pleading, it is denied as moot. 23 Dated: 24 25 26 27 28 1 Procedure Plaintiff’s 15 February 18, 2015 Civil dismiss 12(b)(6) on

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