Advanced Micro Devices, Inc. et al v. LG Electronics, Inc. et al

Filing 61

ORDER DENYNG AS MOOT PLAINTIFFS' MOTION TO DISMISS 49 (Illston, Susan) (Filed on 8/5/2014)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ADVANCED MICRO DEVICES, INC., et al.,

No. C 14-01012 SI

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Plaintiffs-Counterdefendants,
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United States District Court
For the Northern District of California

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ORDER DENYING AS MOOT
DEFENDANTS’ MOTION TO DISMISS

v.
LG ELECTRONICS, INC., et al.,
Defendants-Counterclaimants.
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On July 10, 2014, plaintiffs filed a motion to dismiss defendants’ counterclaims. Docket No.

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49. A hearing on the motion is currently scheduled for Friday, August 29, 2014 at 9:00 a.m. Pursuant
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to Civil Local Rule 7-1(b), the Court determines that this matter is appropriate for resolution without
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oral argument and VACATES the hearing. On August 1, 2014, defendants filed a first amended answer
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and counterclaims, Docket No. 59, mooting plaintiffs’ motion to dismiss. See Ferdik v. Bonzelet, 963
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F.2d 1258, 1262 (9th Cir. 1992) (“[A]fter amendment the original pleading no longer performs any
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function and is ‘treated thereafter as non-existent.’”); Hal Roach Studios, Inc. v. Richard Feiner & Co.,
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896 F.2d 1542, 1546 (9th Cir. 1990) (“[A]n amended pleading supersedes the original.”). Accordingly,
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the Court DENIES as moot plaintiffs’ motion to dismiss defendants’ counterclaims. Docket No. 49.
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IT IS SO ORDERED.
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Dated: August 5, 2014
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SUSAN ILLSTON
United States District Judge