Sharma et al v. BMW of North America LLC

Filing 52

ORDER DENYING AS MOOT DEFENDANT'S MOTION TO DISMISS AND MOTION TO STRIKE CLASS ACTION ALLEGATIONS. Signed by Judge Maxine M. Chesney on March 4, 2014. (mmclc1, COURT STAFF) (Filed on 3/4/2014)

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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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MONITA SHARMA and ERIC ANDERSON,
on behalf of themselves and all others
similarly situated,

No. C 13-2274 MMC
ORDER DENYING AS MOOT
DEFENDANT’S MOTION TO DISMISS
AND MOTION TO STRIKE CLASS
ACTION ALLEGATIONS

Plaintiffs,

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v.
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BMW OF NORTH AMERICA, LLC,,
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Defendant.

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/

Before the Court are two motions, filed August 29, 2013, by defendant BMW of
North America, LLC (“BMW”): (1) “Motion to Dismiss for Lack of Standing and Failure to
State a Claim”; and (2) “Motion to Strike Class Allegations.” On February 28, 2014,
plaintiffs, with leave of court, filed a Second 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, defendant’s motions are hereby DENIED as moot.
IT IS SO ORDERED.

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Dated: March 4, 2014
MAXINE M. CHESNEY
United States District Judge