Jacob v. JP Morgan Chase & Co. et al

Filing 24

ORDER, Motions terminated: 5 MOTION to Dismiss complaint filed by Anthony J. Horan, James Dimon, JP Morgan Chase & Co., 20 MOTION to Appear by Telephone at the Motion to Dismiss and Case Management Conference filed by Anthony J. Horan, James Dimon, JP Morgan Chase & Co.. Case Management Conference set for 11/4/2010 03:00 PM. VIA TELEPHONE. Signed by Judge ARMSTRONG on 9/14/10. (lrc, COURT STAFF) (Filed on 9/15/2010)

Jacob v. JP Morgan Chase & Co. et al

Doc. 24

1 2 3 4 5 6 ANNIE M. JACOB, 7 8

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

Case No: C 10-00613 SBA ORDER DENYING AS MOOT DEFENDANTS' MOTION TO DISMISS AND SCHEDULING FURTHER CASE MANAGEMENT CONFERENCE [Dockets 5, 20]

Plaintiff, vs.

9 JP MORGAN CHASE & CO., et al., 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Defendants.

On February 18, 2010, Defendants JPMorgan Chase & Co., James Dimon, and Anthony Horan filed a Motion to Dismiss the Complaint for Failure to State a Claim, or in the Alternative, for a More Definite Statement ("the Motion to Dismiss"). (Docket No. 5.) On July 9, 2010, Defendants filed a motion to appear by telephone at the scheduled July 14, 2010 hearing on the Motion to Dismiss. (Docket No. 20.) On July 22, 2010, Plaintiff filed in this action a First Amended Complaint, naming as Defendants only Aurora Loan Services and Craig Wildrick. An amended complaint supersedes the original complaint and renders it of no legal effect. King v. Dogan, 31 F.3d 344, 346 (5th Cir. 1994); accord Uvalles v. Jacquez, 2010 WL 135181, 2 (N.D. Cal. 2010) (" ... amended complaint supersedes the initial complaint."). Moreover, "an amended complaint that drops a defendant named in the original complaint effectively dismisses that defendant from the action." Johnson v. San Diego Metropolitan Transit System, 2007 WL 4328508, 2 (S.D. Cal. 2007) (citing London v. Coopers & Lybrand, 644 F.2d 811 (9th Cir. 1981)). In view of Plaintiff's First Amended Complaint, IT IS HEREBY ORDERED THAT 1. The Motion to Dismiss is DENIED as MOOT.

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

2.

Defendants' motion to appear by telephone is also DENIED as MOOT as this

Court had taken the matter under submission without a hearing. 3. A telephonic Case Management Conference is scheduled in this matter for

November 4, 2010 at 3:00 p.m. The parties shall meet and confer prior to the conference and shall prepare a joint Case Management Conference Statement which shall be filed no later than ten (10) days prior to the Case Management Conference that complies with the Standing Order for All Judges of the Northern District of California and the Standing Order of this Court. Plaintiff shall be responsible for filing the statement as well as for arranging the conference call. All parties shall be on the line and shall call [phone] at the above indicated date and time. 4. This Order terminates Docket Nos. 5 and 20.

IT IS SO ORDERED. Dated: September 14, 2010 ______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge

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