Rose v. Equifax, Inc. et al

Filing 36

ORDER DENYING AS MOOT DEFENDANT TD BANK USA, N.A.'S MOTION TO DISMISS; VACATING HEARING. Defendant T.D. Bank USA, N.A.'s motion to dismiss is denied as moot and the hearing thereon, scheduled for April 28, 2017, is vacated. Signed by Judge Maxine M. Chesney on 04/07/17. (mmclc2, COURT STAFF) (Filed on 4/7/2017)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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LACY ROSE,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 17-cv-00419-MMC

v.
EQUIFAX, INC., et al.,

ORDER DENYING AS MOOT
DEFENDANT TD BANK USA, N.A.’S
MOTION TO DISMISS; VACATING
HEARING

Defendants.

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Before the Court is defendant TD Bank USA, N.A.’s (“TD Bank”) “Motion to

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Dismiss Plaintiff’s Complaint Pursuant to Rule 12(b)(6),” filed March 17, 2017. On April

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7, 2017, plaintiff filed an “Amended Complaint for Damages.”

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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),

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(e), 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, plaintiff filed her Amended Complaint within 21 days after

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service of defendant’s motion to dismiss, and, consequently, was entitled to amend as of

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

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Accordingly, the Court hereby DENIES as moot TD Bank’s motion, and VACATES
the April 28, 2017 hearing scheduled thereon.
IT IS SO ORDERED.
Dated: April 7, 2017
MAXINE M. CHESNEY
United States District Judge