Lennar Mare Island, LLC v. Steadfast Insurance Company

Filing 12

ORDER denying as moot 8 Motion to Dismiss signed by District Judge Kimberly J. Mueller on 4/26/16. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LENNAR MARE ISLAND, LLC,

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No. 2:16-cv-00291-KJM-KJN

Plaintiff,
v.

ORDER

STEADFAST INSURANCE COMPANY,
Defendant.

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On March 23, 2016, defendant Steadfast Insurance Company moved to dismiss

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Lennar Mare Island’s (LMI’s) complaint. ECF No. 8. On April 8, 2016, LMI filed a first

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amended complaint. ECF No. 9.

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“A party may amend its pleading once as a matter of course within . . . 21 days

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after service of a motion under Rule 12(b), (e), or (f) . . . .” Fed. R. Civ. P. 15(a)(1)(B). An

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amended complaint supersedes the original. Lacey v. Maricopa Cnty., 693 F.3d 896, 927 (9th

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Cir. 2012) (en banc). Steadfast’s motion is therefore DENIED as MOOT.

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IT IS SO ORDERED.
DATED: April 26, 2016

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UNITED STATES DISTRICT JUDGE

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