Cruz v. Macy's West Stores, Inc.

Filing 5

ORDER by Judge Maria-Elena James finding as moot 3 Motion to Dismiss (cdnS, COURT STAFF) (Filed on 11/13/2012)

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UNITED STATES DISTRICT COURT

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Northern District of California

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ESTRELLITA CRUZ

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No. C 12-05320 MEJ
Plaintiff(s),

v.
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ORDER DENYING AS MOOT
DEFENDANT’S MOTION TO
DISMISS

MACY'S WEST STORES, INC.
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Defendant(s).
_____________________________________/

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November 8, 2012, Plaintiff filed an Amended Complaint. Dkt. No. 4. Under Federal Rule of Civil

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For the Northern District of California

Pending before the Court is Defendant’s Motion to Dismiss. Dkt. No. 3. However, on

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UNITED STATES DISTRICT COURT

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Procedure 15, a party may amend its pleading once “as a matter of course” within “21 days after

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service of a responsive pleading or 21 days after service of a motion. Fed. R. Civ. P. 15(a)(1).

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Thus, as no prior amended complaints have been filed, Plaintiff was entitled to file an amended

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complaint as a matter of course under Rule 15(a). The amended complaint supersedes the original

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complaint, which is treated as non-existent. Since Defendant’s motion is based on Plaintiff’s

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original complaint, the Court hereby DENIES Defendant’s motion as moot. Defendant shall file an

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answer or other responsive pleading within 21 days from the date of this Order.

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Plaintiff is advised that no further amendments may be made without seeking leave of Court

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pursuant to Rule 15 and Civil Local Rule 7. Any attempt to file an amended complaint without

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proper notice to Defendant under Civil Local Rule 7 and a court order shall be stricken.

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IT IS SO ORDERED.

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Dated: November 13, 2012
_______________________________
Maria-Elena James
Chief United States Magistrate Judge