Heinrichs v. Wells Fargo Bank N.A.

Filing 21

ORDER DENYING 4 MOTION TO DISMISS AND TO STRIKE CLASS ALLEGATIONS AS MOOT AND VACATING HEARING by Hon. William Alsup. (whalc2, COURT STAFF) (Filed on 1/27/2014).

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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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MARK HEINRICHS, individually and on
behalf of all others similarly situated,
No. C 13-05434 WHA
Plaintiff,

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v.
ORDER DENYING MOTION TO
DISMISS AND TO STRIKE CLASS
ALLEGATIONS AS MOOT AND
VACATING HEARING

WELLS FARGO BANK N.A.,
Defendant.
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On December 18, 2013, defendant filed a motion to dismiss or in the alternative, to strike

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class allegations (Dkt. No. 4). The motion was set for hearing on February 13, 2014. On

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January 15, 2014, plaintiff filed an amended complaint, as permitted under Federal Rule of Civil

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Procedure 15(a).

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“[T]he general rule is that an amended complaint supersedes the original complaint and

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renders it without legal effect . . . .” Lacey v. Maricopa Cnty., 693 F.3d 896, 927 (9th Cir. 2012).

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Accordingly, defendant’s motion is DENIED AS MOOT. The hearing set for February 13, 2014, is

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VACATED. This, however, is without prejudice to defendant should it wish to file another

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motion to dismiss or to strike class allegations, noticed for hearing on a 35-day track. In

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addition, the case management conference will still proceed 11 AM ON FEBRUARY 11, 2014.

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IT IS SO ORDERED.
Dated: January 27, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE