Shortridge v. Foundation Construction Payroll Service, LLC et al

Filing 22

Order by Magistrate Judge Joseph C. Spero denying as moot 18 Motion to Dismiss.(jcslc2S, COURT STAFF) (Filed on 12/17/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DOUGLAS MAURICE SHORTRIDGE,

Case No. 14-cv-04850-JCS

Plaintiff,
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v.

ORDER DENYING MOTION TO
DISMISS AS MOOT

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FOUNDATION CONSTRUCTION
PAYROLL SERVICE, LLC, et al.,
Defendants.

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United States District Court
Northern District of California

Re: Dkt. No. 18

Defendants filed a motion to dismiss Plaintiff’s Complaint on December 5, 2014. Dkt. 18.

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Plaintiff filed a First Amended Complaint pursuant to Rule 15(a)(1)(B) of the Federal Rules of

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Civil Procedure on December 16, 2014. Dkt. 21. The Court finds Defendants’ motion suitable for

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disposition without oral argument and vacates the hearing scheduled for January 16, 2015. See

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Civil L.R. 7-1(b).
“[T]he general rule is that an amended complaint supercedes the original complaint and

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renders it without legal effect . . . .” Lacey v. Maricopa County, 693 F.3d 896, 927 (9th Cir. 2012)

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(en banc). Accordingly, “[d]ismissal of the superseded original complaint would not alter the

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proceedings . . . as the parties would continue to litigate the merits of the claims contained in the

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now-operative First Amended Complaint.” See Liberi v. Defend Our Freedoms Founds., Inc., 509

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F. App’x 595, 596 (9th Cir. 2013) (dismissing as moot appeal of denial of an anti-SLAPP motion

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regarding a superseded complaint). The Court therefore DENIES AS MOOT Defendants’

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Motion. 1 If Defendants wish to challenge Plaintiff’s First Amended Complaint, they may file a

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new motion to dismiss.
IT IS SO ORDERED.

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Dated: December 17, 2014
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JOSEPH C. SPERO
United States Magistrate Judge

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United States District Court
Northern District of California

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All parties have consented to the jurisdiction of the undersigned magistrate judge pursuant to 28
U.S.C. § 636(c).
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