Synopsys, Inc. v. Atoptech, Inc

Filing 256

ORDER DENYING PLAINTIFF'S MOTION TO DISMISS AND STRIKE; VACATING HEARING The Court vacates the hearing scheduled for March 27, 2015, and denies Synopsys' motion as moot. Signed by Judge Maxine M. Chesney on March 23, 2015. (mmclc2, COURT STAFF) (Filed on 3/23/2015)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SYNOPSYS, INC.,
Plaintiff,

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For the Northern District of California

United States District Court

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No. C 13-2965 MMC
ORDER DENYING PLAINTIFF’S
MOTION TO DISMISS AND STRIKE;
VACATING HEARING

v.
ATOPTECH, INC.,
Defendant.
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Before the Court is plaintiff Synopsys, Inc.’s (“Synopsys”) Motion to Dismiss

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Defendant ATopTech’s Counterclaims and to Strike Affirmative Defenses, filed February

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20, 2015, pursuant to Rules 12(b)(6) and 12(f) of the Federal Rules of Civil Procedure. On

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March 6, 2015, defendant ATopTech, Inc. (“ATopTech”) filed opposition, and, shortly

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thereafter, on March 13, 2015, filed its First Amended Answer and First Amended

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Counterclaims.

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Accordingly, the Court hereby VACATES the hearing scheduled for March 27, 2015,

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and DENIES Synopsys’ motion as moot. See Fed. R. Civ. P. 15(a) (providing party may

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amend pleading “once as a matter of course at any time before a responsive pleading is

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served”); Bullen v. De Bretteville, 239 F. 2d 824, 833 (9th Cir. 1956) (holding “amended

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pleading supersedes the original, the latter being treated thereafter as non-existent”).

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IT IS SO ORDERED.

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Dated: March 23, 2015
MAXINE M. CHESNEY
United States District Judge