March v. Twin Cities Police Authority et al

Filing 19

ORDER DENYING AS MOOT DEFENDANTS' MOTIONS TO DISMISS AND TO STRIKE 9 10 11 (Illston, Susan) (Filed on 5/9/2014)

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1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 GLEN MARCH, No. C 14-00512 SI 7 Plaintiff, ORDER DENYING AS MOOT DEFENDANTS’ MOTIONS TO DISMISS AND TO STRIKE 8 9 United States District Court For the Northern District of California 10 11 12 v. TWIN CITIES POLICE AUTHORITY, et. al., Defendants. / On April 10 and 14, 2014, defendants filed motions to dismiss and motions to strike plaintiff’s 13 complaint. Docket Nos. 9-11. A hearing on the motions is currently scheduled for Friday, June 27, 14 2014 at 9:00 a.m. Pursuant to Civil Local Rule 7-1(b), the Court determines that this matter is 15 appropriate for resolution without oral argument and VACATES the hearing. On May 1, 2014, plaintiff 16 filed a first amended complaint, mooting defendants’ motions. See Ferdik v. Bonzelet, 963 F.2d 1258, 17 1262 (9th Cir. 1992) (“[A]fter amendment the original pleading no longer performs any function and 18 is ‘treated thereafter as non-existent.’”). Accordingly, the Court DENIES as moot defendants’ motions 19 to dismiss and to strike plaintiff’s complaint. Docket Nos. 9-11. 20 21 IT IS SO ORDERED. 22 23 Dated: May 9, 2014 24 25 26 27 28 SUSAN ILLSTON United States District Judge

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