Nottebohm et al v. American Home Mortgage Investment Corp. et al

Filing 40

ORDER DENYING AS MOOT DEFENDANTS' MOTION TO DISMISS 34 27 (Illston, Susan) (Filed on 10/30/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ANDREAS NOTTEBOHM, et al.,

Case No. 14-cv-04047-SI

Plaintiffs,
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v.

ORDER DENYING AS MOOT
DEFENDANTS' MOTION TO DISMISS

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United States District Court
Northern District of California

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AMERICAN HOME MORTGAGE
INVESTMENT CORP., et al.,

Re: Dkt. No. 34

Defendants.

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On September 5, 2014, plaintiffs Tess and Andreas Nottebohm filed a complaint against

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defendants. Docket No. 1. On October 9, 2014, defendants filed a motion to dismiss plaintiffs’

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complaint. Docket No. 34. On October 30, 2014, plaintiffs filed a first amended complaint,

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thereby mooting defendants’ motion to dismiss. Docket No. 39; see Ferdik v. Bonzelet, 963 F .2d

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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.’”). Accordingly, the Court DENIES as moot

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defendants’ motion to dismiss.

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IT IS SO ORDERED.
Dated: October 30, 2014
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SUSAN ILLSTON
United States District Judge