Morgado v. Regents of the University of California et al

Filing 12

ORDER by Judge Maria-Elena James finding as moot 5 Motion to Dismiss (cdnS, COURT STAFF) (Filed on 4/17/2013)

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1 UNITED STATES DISTRICT COURT 2 Northern District of California 3 4 GAIL MORGADO 5 No. C 13-01318 MEJ Plaintiff(s), v. 6 ORDER DENYING AS MOOT DEFENDANT’S MOTION TO DISMISS REGENTS OF THE UNIVERSITY OF CAL 7 8 Defendant(s). _____________________________________/ 9 10 Pending before the Court is Defendant’s Motion to Dismiss. Dkt. No. 5. However, on April 11, 2013, Plaintiff filed an Amended Complaint. Dkt. No. 11. Under Federal Rule of Civil 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 Procedure 15, a party may amend its pleading once “as a matter of course” within “21 days after 13 service of a responsive pleading or 21 days after service of a motion. Fed. R. Civ. P. 15(a)(1). 14 Thus, as no prior amended complaints have been filed, Plaintiff was entitled to file an amended 15 complaint as a matter of course under Rule 15(a). The amended complaint supersedes the original 16 complaint, which is treated as non-existent. Since Defendant’s motion is based on Plaintiff’s 17 original complaint, the Court hereby DENIES Defendant’s motion as moot. Defendant shall file an 18 answer or other responsive pleading within 21 days from the date of this Order. 19 Plaintiff is advised that no further amendments may be made without seeking leave of Court 20 pursuant to Rule 15 and Civil Local Rule 7. Any attempt to file an amended complaint without 21 proper notice to Defendant under Civil Local Rule 7 and a court order shall be stricken. 22 IT IS SO ORDERED. 23 24 25 26 27 28 Dated: April 17, 2013 _______________________________ Maria-Elena James United States Magistrate Judge

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