Colonial Medical Group Inc. v. Catholic Health Care West et al

Filing 40

ORDER DENYING AS MOOT DEFERRED PORTION OF DEFENDANTS' MOTIONS TO DISMISS. Signed by Judge Maxine M. Chesney on October 23, 2009. (mmclc1, COURT STAFF) (Filed on 10/23/2009)

1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By order filed September 28, 2009, the Court granted in part and deferred in part ruling on defendants' motions to dismiss plaintiff's initial complaint. Specifically, the Court dismissed Counts One and Two, with leave to amend, and deferred ruling on the motions to the extent the motions sought dismissal of Counts Three, Four, and Five. On October 22, 2009, plaintiff filed a First Amended Complaint. "[A]n amended pleading supersedes the original, the latter being treated thereafter as non-existent." Bullen v. De Bretteville, 239 F. 2d 824, 833 (9th Cir. 1956), cert. denied, 353 U.S. 947 (1957). Accordingly, to the extent the motions seek dismissal of Counts Three, Four, and Five of the initial complaint, the motions are hereby DENIED. IT IS SO ORDERED. Dated: October 23, 2009 United States District Court IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

COLONIAL MEDICAL GROUP, INC., v. Plaintiff,

No. C-09-2192 MMC ORDER DENYING AS MOOT DEFERRED PORTION OF DEFENDANTS' MOTIONS TO DISMISS /

CATHOLIC HEALTHCARE WEST, et al., Defendants

MAXINE M. CHESNEY United States District Judge