Strome v. DBMK Enterprises, Inc et al

Filing 21

ORDER DENYING AS MOOT DEFENDANTS' MOTION TO DISMISS 13 (Illston, Susan) (Filed on 6/24/2014)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JENNIFER STROME,

United States District Court
For the Northern District of California

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ORDER DENYING AS MOOT
DEFENDANTS’ MOTION TO DISMISS

Plaintiff,

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No. C 14-02398 SI

v.
DBMK ENTERPRISES, INC., a California
corporation; et al.,
Defendants.

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On May 23, 2014, plaintiff Jennifer Strome filed a complaint against defendants DBMK

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Enterprises, Inc., Michael Sanchez, Jr., and Debra Ann Sanchez. Docket No. 1. On June 17, 2014,

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defendants filed a motion to dismiss the complaint for failure to state a claim. Docket No. 13. On June

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24, 2014, plaintiff filed a first amended complaint, mooting defendants’ motion to dismiss. Docket No.

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17; see Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992) (“[A]fter amendment the original

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pleading no longer performs any function and is ‘treated thereafter as non-existent.’”). Accordingly,

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the Court DENIES as moot defendants’ motion to dismiss. Docket No. 13.

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IT IS SO ORDERED.

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Dated: June 24, 2014
SUSAN ILLSTON
United States District Judge