Velazquez et al v. Waste Management National Services, Inc. et al

Filing 20

ORDER DENYING AS MOOT MOTION TO DISMISS INITIAL COMPLAINT AND MOTION TO SEVER CLAIMS ALLEGED IN INITIAL COMPLAINT. Signed by Judge Maxine M. Chesney on May 13, 2013. (mmclc1, COURT STAFF) (Filed on 5/13/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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TEODORA VELAZQUEZ, et al.,

No. C-13-1404 MMC

For the Northern District of California

United States District Court

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Plaintiffs,

ORDER DENYING AS MOOT MOTION
TO DISMISS INITIAL COMPLAINT AND
MOTION TO SEVER CLAIMS ALLEGED
IN INITIAL COMPLAINT

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v.
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WASTE MANAGEMENT NATIONAL
SERVICES, INC., et al.,
Defendants.

/

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On April 5, 2013, defendants filed two motions: (1) a motion to dismiss plaintiffs’

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initial complaint, and (2) a motion to sever certain claims from the initial complaint. On April

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26, 2013, plaintiffs filed a First Amended Complaint.

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“[A]n amended pleading supersedes the original, the latter being treated thereafter

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as non-existent.” Bullen v. De Bretteville, 239 F.2d 824, 833 (9th Cir. 1956), cert. denied,

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353 U.S. 947 (1957).

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Accordingly, defendants’ motion to dismiss the initial complaint and defendants’
motion to sever claims from the initial complaint are hereby DENIED as moot.
IT IS SO ORDERED.

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Dated: May 13, 2013
MAXINE M. CHESNEY
United States District Judge