Frank v. County of Humboldt et al

Filing 56

ORDER DENYING AS MOOT DEFENDANTS' MOTIONS TO DISMISS. Signed by Judge Maxine M. Chesney on May 22, 2013. (mmclc2S, COURT STAFF) (Filed on 5/22/2013)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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MINNY FRANK,

No. C 13-0089 MMC

Plaintiff,

ORDER DENYING AS MOOT
DEFENDANTS’ MOTIONS TO DISMISS

v.
COUNTY OF HUMBOLDT, et al.,

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Defendants

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Before the Court are three motions to dismiss filed, respectively, on February 1,
2013, March 22, 2013, and April 2, 2013, by defendants (1) David Williams and Jennifer
Williams, (2) BHC Sierra Vista Hospital (“SVH”) and Paul Hyppolite (“Hyppolite”), and
(3) the County defendants.1 On May 22, 2013 plaintiff Minny Frank, with leave of court,
filed an amended complaint, which “amended pleading supersedes the original.” See Hal
Roach Studios, Inc. v. Richard Feiner & Co., Inc., 896 F.2d 1542, 1546 (9th Cir. 1989).
Accordingly, the Court hereby DENIES as moot each of the above-referenced
motions, and VACATES the June 14, 2013 hearing thereon.
IT IS SO ORDERED.
Dated: May 22, 2013
MAXINE M. CHESNEY
United States District Judge

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The “County defendants” are the County of Humboldt, the Department of Health
and Human Services, James Bragg, Christy Reihm, Katherine Young, Keri Schrock, Jery
Scardini, Asha George, Chris Starets-foote, Donna Wheeler, Angela Monson and Shelley
Nilsen.