Olajide v. Federal Reserve Bank of San Francisco et al

Filing 17

ORDER DENYING AS MOOT DEFENDANTS' MOTIONS TO DISMISS; VACATING HEARING. Signed by Judge Maxine M. Chesney on October 5, 2016. (mmclc1, COURT STAFF) (Filed on 10/5/2016)

1
2
3
4
IN THE UNITED STATES DISTRICT COURT

5

FOR THE NORTHERN DISTRICT OF CALIFORNIA

6
7
8

OLANAPO AD OLAJIDE,
Plaintiff,

9
For the Northern District of California

United States District Court

10
11

No. C 16-4472 MMC
ORDER DENYING AS MOOT
DEFENDANTS’ MOTIONS TO DISMISS;
VACATING HEARING

v.
FEDERAL RESERVE BANK OF SAN
FRANCISCO, et al.,

12
Defendants.
13

/

14
15

Before the Court are two motions: (1) defendant Bank of America, N.A.’s “Motion to

16

Dismiss Plaintiff’s Complaint or for a More Definite Statement,” filed September 12, 2016;

17

and (2) defendant Compass Bank’s “Motion to Dismiss Plaintiff’s Complaint or for a More

18

Definite Statement,” filed September 14, 2016. On September 21, 2016, plaintiff Olanapo

19

Ad Olajide filed an amended complaint, titled “Civil Action at Common Law for Account

20

Render and Declaratory Relief.”

21

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

22

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

23

or (f), whichever is earlier.” See Fed. R. Civ. P. 15(a)(1). “[A]n amended pleading

24

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

25

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

26

In the instant case, plaintiff filed his amended complaint within 21 days after service

27

of the above-referenced defendants’ motions to dismiss, and, consequently, was entitled to

28

amend as of right. See Fed. R. Civ. P. 15(a)(1).

1
2
3

Accordingly, the Court hereby DENIES as moot defendants’ motions to dismiss the
initial complaint, and VACATES the hearing scheduled for October 21, 2016.
IT IS SO ORDERED.

4
5

Dated: October 5, 2016
MAXINE M. CHESNEY
United States District Judge

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2