Bastidas v. Good Samaritan Hospital LP et al

Filing 40

ORDER DENYING AS MOOT DEFENDANTS' MOTIONS TO DISMISS 24 25 (Illston, Susan) (Filed on 1/13/2014)

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1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 7 United States District Court For the Northern District of California 10 11 12 13 14 ORDER DENYING AS MOOT DEFENDANTS’ MOTIONS TO DISMISS Plaintiff, 8 9 No. CV 13-4388 SI J. AUGUSTO BASTIDAS, M.D., v. GOOD SAMARITAN HOSPITAL LP, a Delaware Limited Partnership; SAMARITAN LLC, a Delaware limited liability company; GOOD SAMARITAN HOSPITAL MEDICAL STAFF, a California unincorporated association; HCA, INC., a Delaware corporation; STEVEN M. SCHWARTZ, M.D.; and BRUCE G. WILBUR, M.D., Defendants. / 15 16 A motion to dismiss plaintiff’s complaint has been filed by defendants Good Samaritan Hospital 17 LP, Samaritan LLC, Good Samaritan Hospital Medical Staff, Steven M. Schwartz, and Bruce G. Wilbur, 18 and a motion to dismiss has been filed by defendant HCA, Inc.; both motions are scheduled for hearing 19 on January 24, 2013. Pursuant to Civil Local Rule 7-1(b), the Court determines that these matters are 20 appropriate for resolution without oral argument and VACATES the hearing. 21 On December 23, 2013, plaintiff filed a first amended complaint under Federal Rule of Civil 22 Procedure 15(a)(1)(B), mooting defendants’ motions to dismiss. See Ferdik v. Bonzelet, 963 F.2d 1258, 23 1262 (9th Cir. 1992) (“[A]fter amendment the original pleading no longer performs any function and 24 is ‘treated thereafter as non-existent.’”). Accordingly, the Court DENIES as moot the defendants’ 25 motions to dismiss. Docket Nos. 24-25. 26 27 28 IT IS SO ORDERED. Dated: January 13, 2014 SUSAN ILLSTON United States District Judge

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