Woo et al v. American Honda Motor Co., Inc.

Filing 30

ORDER DENYING AS MOOT DEFENDANT'S MOTION TO DISMISS; VACATING HEARING. Signed by Judge Maxine M. Chesney on February 27, 2020. (mmclc1, COURT STAFF) (Filed on 2/27/2020)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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TONY WOO, et al.,
Plaintiffs,

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v.

Case No. 19-cv-07042-MMC
ORDER DENYING AS MOOT
DEFENDANT'S MOTION TO DISMISS;
VACATING HEARING

AMERICAN HONDA MOTOR CO.,
INC.,
Defendant.

United States District Court
Northern District of California

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Before the Court is defendant's Motion to Dismiss, filed January 30, 2020,

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whereby defendant, pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil

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Procedure, seeks dismissal of plaintiffs' initial complaint. On February 13, 2020, plaintiffs

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filed a First Amended Complaint.

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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)(1). "[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, plaintiffs filed their First Amended Complaint within 21 days

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after service of defendant's motion to dismiss, and, consequently, were entitled to amend

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

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Accordingly, the Court hereby DENIES as moot defendant's motion to dismiss the
initial complaint and VACATES the hearing scheduled for March 6, 2020.
IT IS SO ORDERED.
Dated: February 27, 2020
MAXINE M. CHESNEY
United States District Judge