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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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 LACY ROSE, Plaintiff, 8 9 10 United States District Court Northern District of California 11 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. 12 13 Before the Court is defendant TD Bank USA, N.A.’s (“TD Bank”) “Motion to 14 Dismiss Plaintiff’s Complaint Pursuant to Rule 12(b)(6),” filed March 17, 2017. On April 15 7, 2017, plaintiff filed an “Amended Complaint for Damages.” 16 A party may amend a pleading “once as a matter of course within . . . 21 days after 17 service of a responsive pleading or 21 days after service of a motion under Rule 12(b), 18 (e), or (f), whichever is earlier.” See Fed. R. Civ. P. 15(a). “[A]n amended pleading 19 supersedes the original, the latter being treated thereafter as non-existent.” Bullen v. De 20 Bretteville, 239 F.2d 824, 833 (9th Cir. 1956), cert. denied, 353 U.S. 947 (1957). 21 In the instant case, plaintiff filed her Amended Complaint within 21 days after 22 service of defendant’s motion to dismiss, and, consequently, was entitled to amend as of 23 right. See Fed. R. Civ. P. 15(a). 24 25 26 27 28 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

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