Kaminskiy v. Kimberlite Corporation, et al
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)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case No. 14-cv-00418-MEJ
ORDER FINDING AS MOOT MOTION
Re: Dkt. Nos. 5, 11
KIMBERLITE CORPORATION, et al.,
Pending before the Court is Defendant’s Motion to Dismiss. Dkt. No. 5. However, on
United States District Court
Northern District of California
February 18, 2014, Plaintiff filed an Amended Complaint. Dkt. No. 11. Under Federal Rule of
Civil Procedure 15, a party may amend its pleading once “as a matter of course” within “21 days
after service of a motion under Rule 12(b), (e), or (f).” Fed. R. Civ. P. 15(a)(1)(B). Thus, as no
prior amended complaints have been filed, Plaintiff was entitled to file an amended complaint as a
matter of course under Rule 15(a). Once properly served, the amended complaint supersedes the
original complaint, which is treated as non-existent. Since Defendant’s motion is based on
Plaintiff’s original complaint, the Court hereby DENIES Defendant’s motion as moot. Defendant
shall file an answer or other responsive pleading within 21 days from the date of this Order.
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.
Dated: February 19, 2014
United States Magistrate Judge
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