Mee v. I A Nutrition, Inc.

Filing 22

ORDER DENYING AS MOOT DEFENDANT'S MOTION TO DISMISS; VACATING HEARING; CONTINUING CASE MANAGEMENT CONFERENCE. The Case Management Conference is continued from February 27, 2015, to May 8, 2015, at 10:30 a.m. A Joint Case Management Statement shall be filed no later than May 1, 2015. Signed by Judge Maxine M. Chesney on February 24, 2015. (mmclc1, COURT STAFF) (Filed on 2/24/2015)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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MARTIN MEE, et al.,
Plaintiffs,

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ORDER DENYING AS MOOT
DEFENDANT’S MOTION TO DISMISS;
VACATING HEARING; CONTINUING
CASE MANAGEMENT CONFERENCE

v.

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No. C 14-5006 MMC

I A NUTRITION, INC.,
Defendant.

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/

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Before the Court is defendant’s “Motion to Dismiss Class Action Complaint Pursuant

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to Federal Rule of Civil Procedure § 12(b)(6),” filed January 30, 2015. On February 20,

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2015, plaintiffs filed a First Amended Complaint (“FAC”).

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A party may amend a pleading “once as a matter of course within . . . 21 days after

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service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e),

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or (f), whichever is earlier.” See Fed. R. Civ. P. 15(a). “[A]n amended pleading

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supersedes the original, the latter being treated thereafter as non-existent.” Bullen v. De

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Bretteville, 239 F.2d 824, 833 (9th Cir. 1956), cert. denied, 353 U.S. 947 (1957).

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In the instant case, plaintiffs filed their FAC within 21 days after service of

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defendant’s motion to dismiss, and, consequently, were entitled to amend as of right. See

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Fed. R. Civ. P. 15(a).

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//

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Accordingly, the Court hereby DENIES as moot defendant’s motion, and VACATES
the March 6, 2015, hearing scheduled thereon.
Further, in light of the recent amendment, the Court hereby CONTINUES the Case

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Management Conference from February 27, 2015, to May 8, 2015, at 10:30 a.m. A Joint

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Case Management Statement shall be filed no later than May 1, 2015.1

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IT IS SO ORDERED.

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Dated: February 24, 2015
MAXINE M. CHESNEY
United States District Judge

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The Court notes that the parties violated the Court’s Case Management Conference
Order, filed November 20, 2014, by failing to either (1) file a Joint Case Management
Statement no later than February 20, 2014, or (2) file a request to reschedule the February
27, 2014 Case Management Conference. The parties are advised that future violations of
the Court’s orders may subject them to sanctions.
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