Valdez v. Scott et al

Filing 32

ORDER by Judge Thomas S. Hixson finding as moot 22 Motion to Dismiss. (tshlc1, COURT STAFF) (Filed on 6/6/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 STEPHEN CHARLES VALDEZ, Case No. 24-cv-01087-TSH Plaintiff, 7 ORDER FINDING AS MOOT MOTION TO DISMISS v. 8 9 NADERI SALAR, et al., Re: Dkt. No. 22 Defendants. 10 United States District Court Northern District of California 11 Pending before the Court is the motion to dismiss filed by Defendants Salar Naderi and 12 13 Marc Jimenez, filed on May 1, 2024. ECF No. 22. However, on May 30, 2024, Plaintiff Stephen 14 Charles Valdez filed an amended complaint. ECF No. 29. Under Federal Rule of Civil Procedure 15 15(a)(1), a party “may amend its pleading once as a matter of course” within 21 days after that 16 pleading is served, or within 21 days after service of a responsive pleading or motion under Rule 17 12.1 “[T]he general rule is that an amended complaint supercedes the original complaint and 18 renders it without legal effect.” Lacey v. Maricopa County, 693 F.3d 896, 927 (9th Cir. 2012) (en 19 banc). Thus, as there has been no previous amendment, Plaintiff may file an amended complaint 20 as a matter of course under Rule 15(a). Accordingly, the Clerk of Court shall terminate the 21 pending motion to dismiss as moot. Defendants shall respond in compliance with Rule 15(a)(3). IT IS SO ORDERED. 22 23 24 Dated: June 6, 2024 25 THOMAS S. HIXSON United States Magistrate Judge 26 27 28 1 On May 6, 2024, the Court extended the deadline for Plaintiff to file an opposition or amended complaint to June 3, 2024. ECF No. 28

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