Kaminskiy v. Kimberlite Corporation, et al
Filing
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ORDER FINDING AS MOOT MOTION TO DISMISS. Signed by Judge Maria-Elena James on February 19, 2014. (mejlc3, COURT STAFF) (Filed on 2/19/2014)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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TATYANA KAMINSKY,
Case No. 14-cv-00418-MEJ
Plaintiff,
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ORDER FINDING AS MOOT MOTION
TO DISMISS
v.
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Re: Dkt. Nos. 5, 11
KIMBERLITE CORPORATION, et al.,
Defendants.
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Pending before the Court is Defendant’s Motion to Dismiss. Dkt. No. 5. However, on
United States District Court
Northern District of California
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February 18, 2014, Plaintiff filed an Amended Complaint. Dkt. No. 11. Under Federal Rule of
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Civil Procedure 15, a party may amend its pleading once “as a matter of course” within “21 days
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after service of a motion under Rule 12(b), (e), or (f).” Fed. R. Civ. P. 15(a)(1)(B). Thus, as no
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prior amended complaints have been filed, Plaintiff was entitled to file an amended complaint as a
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matter of course under Rule 15(a). Once properly served, the amended complaint supersedes the
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original complaint, which is treated as non-existent. Since Defendant’s motion is based on
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Plaintiff’s original complaint, the Court hereby DENIES Defendant’s motion as moot. Defendant
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shall file an answer or other responsive pleading within 21 days from the date of this Order.
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Plaintiff is advised that no further amendments may be made without seeking leave of
Court pursuant to Rule 15 and Civil Local Rule 7.
IT IS SO ORDERED.
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Dated: February 19, 2014
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge
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