United States of America v. Greenlight Organic, Inc. et al

Filing 18

ORDER by Judge Maria-Elena James finding as moot 14 Motion to Dismiss; Vacating Case Management Conference. (mejlc3, COURT STAFF) (Filed on 3/9/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

Case No. 17-cv-00005-MEJ

Plaintiff,
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ORDER FINDING AS MOOT MOTION
TO DISMISS; VACATING CASE
MANAGEMENT CONFERENCE

v.
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GREENLIGHT ORGANIC, INC., et al.,

Re: Dkt. No. 14

Defendants.
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Pending before the Court is the Motion to Dismiss filed by Defendants. Dkt. No. 14.

United States District Court
Northern District of California

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However, on March 8, 2017, Plaintiff filed an Amended Complaint. Dkt. No. 16. Under Federal

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Rule of Civil Procedure 15, a party may amend its pleading once “as a matter of course” within

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“21 days after service of a motion under Rule 12(b), (e), or (f).” Fed. R. Civ. P. 15(a)(1)(B).

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“[T]he general rule is that an amended complaint supercedes the original complaint and renders it

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without legal effect . . . .” Lacey v. Maricopa Cty., 693 F.3d 896, 927 (9th Cir. 2012) (en banc).

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As Plaintiff had not previously amended its Complaint and filed the Amended Complaint within

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21 days after Defendants served the motion to dismiss, Plaintiff could file an amended complaint

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as a matter of course under Rule 15(a).

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Further, “[d]ismissal of the superseded original complaint would not alter the proceedings

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. . . as the parties would continue to litigate the merits of the claims contained in the now-operative

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First Amended Complaint.” See Liberi v. Defend Our Freedoms Founds., Inc., 509 F. App’x 595,

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596 (9th Cir. 2013) (dismissing as moot appeal of denial of an anti-SLAPP motion regarding a

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superseded complaint). Since the Motion to Dismiss is based on the original complaint, the Court

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hereby DENIES the Motion as moot. Defendants shall file an answer or other responsive pleading

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no later than March 30, 2017. No further amendments may be made without seeking leave of

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Court pursuant to Rule 15 and Civil Local Rule 7.

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The Court also vacates the Initial Case Management Conference scheduled for April 6,

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2017, and associated deadlines. The Court will reschedule the Conference after the pleadings are

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settled.

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IT IS SO ORDERED.
Dated: March 9, 2017
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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United States District Court
Northern District of California

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