Jacinto v. Ditech Financial LLC et al

Filing 30

ORDER DENYING AS MOOT DEFENDANT'S MOTION OT DISMISS; VACATING HEARING. The Court denies as moot defendant's motion to dismiss the initial complain, and vacates the July 29, 2016 hearing scheduled thereon. Signed by Judge Maxine M. Chesney on July 18, 2016. (mmclc2, COURT STAFF) (Filed on 7/18/2016)

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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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MODESTA JACINTO,

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Plaintiff,

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No. C 16-2815 MMC
ORDER DENYING AS MOOT
DEFENDANT’S MOTION TO DISMISS;
VACATING HEARING

v.
DITECH FINANCIAL LLC, et al.,
Defendants.

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Before the Court is defendants Ditech Financial LLC and Mortgage Electronic

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Registration Systems, Inc.’s Motion to Dismiss, filed June 1, 2016. On June 28, 2016,

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however, plaintiff filed a First Amended Complaint (“FAC”), and defendants have

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responded by filing a Motion to Dismiss the FAC.

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“[A]n amended pleading supersedes the original, the latter being treated thereafter

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as non-existent.” Bullen v. De Bretteville, 239 F.2d 824, 833 (9th Cir. 1956), cert. denied,

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353 U.S. 947 (1957).

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Accordingly, the Court hereby DENIES as moot defendant’s motion to dismiss the
initial complaint, and VACATES the July 29, 2016 hearing scheduled thereon.
IT IS SO ORDERED.
Dated: July 18, 2016
MAXINE M. CHESNEY
United States District Judge