Rahman v. Mott's LLP et al

Filing 30

ORDER DENYING AS MOOT DEFENDANT'S MOTION TO DISMISS 22 (Illston, Susan) (Filed on 10/1/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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MOHAMMED RAHMAN, individually, and on
behalf of other members of the general public
similarly situated,

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No. CV 13-3482 SI
ORDER DENYING AS MOOT
DEFENDANT’S MOTION TO DISMISS

Plaintiff,
v.
MOTT’S LLP, a Delaware limited liability
partnership; and DOES 1 through 10, inclusive,
Defendants.

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Defendant Mott’s LLP’s motion to dismiss plaintiff’s class action complaint is scheduled for
hearing on November 8, 2013. Pursuant to Civil Local Rule 7-1(b), the Court determines that this
matter is appropriate for resolution without oral argument and VACATES the hearing. On September
30, 2013, plaintiff filed a first amended class action complaint, mooting defendant’s motion to dismiss.
See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992) (“[A]fter amendment the original pleading
no longer performs any function and is ‘treated thereafter as non-existent.’”). Accordingly, the Court
DENIES as moot defendant’s motion to dismiss plaintiff’s class action complaint. Docket No. 22.

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IT IS SO ORDERED.

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Dated: October 30, 2013
SUSAN ILLSTON
United States District Judge