Ray v. Utility Tree Service, Inc.
Filing
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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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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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KYLE RAY,
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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,
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Defendants.
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Defendant
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under
filed
Federal
a
Rule
motion
of
to
Complaint
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January 29, 2015. (ECF No. 5.) However, Plaintiff filed a timely
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First Amended Complaint on February 16, 2015, (ECF No. 8), which
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is now the operative pleading. See Hal Roach Studios, Inc. v.
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Richard Feiner & Co., Inc., 896 F.2d 1542, 1546 (9th Cir. 1989)
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(stating “an amended pleading supersedes the original.”). Since
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the referenced dismissal motion does not address the operative
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pleading, it is denied as moot.
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Dated:
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1
Procedure
Plaintiff’s
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February 18, 2015
Civil
dismiss
12(b)(6)
on
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