Jugoz v. Experian Information Solutions, Inc. et al

Filing 68

ORDER DENYING AS MOOT DEFENDANT CREDIT ONE BANK, NATIONAL ASSOCIATION'S MOTION TO DISMISS. Signed by Judge Maxine M. Chesney on 07/07/17. (mmclc2, COURT STAFF) (Filed on 7/13/2017)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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RUDOLPH JUGOZ,
Plaintiff,

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v.

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EXPERIAN INFORMATION
SOLUTIONS, INC., et al.,

United States District Court
Northern District of California

Defendants.

Case No. 16-cv-05687-MMC
ORDER DENYING AS MOOT
DEFENDANT CREDIT ONE BANK,
NATIONAL ASSOCIATION’S MOTION
TO DISMISS
Re: Dkt. No. 46

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Before the Court is defendant Credit One Bank, National Association’s (“Credit

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One”) “Motion to Dismiss Plaintiff’s Complaint,” filed January 13, 2017. On July 7, 2017,

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plaintiff, with leave of court, filed an Amended Complaint.

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

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

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cert. denied, 353 U.S. 947 (1957).

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Accordingly, Credit One’s motion to dismiss is hereby DENIED as moot.1

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IT IS SO ORDERED.

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Dated: July 13, 2017
MAXINE M. CHESNEY
United States District Judge

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On May 15, 2017, the Court vacated the hearing on the motion.