Lee v. Ho et al

Filing 38

ORDER TERMINATING MOTIONS re 20 , 22 . Signed by Hon. Beth Labson Freeman on 7/1/2014. (blflc2, COURT STAFF) (Filed on 7/1/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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JENNIFER LEE,

Case No. 14-cv-01127-BLF

Plaintiff,
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v.

ORDER TERMINATING MOTIONS

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SHELBY HO, et al.,

[Re: ECF Nos. 20, 22]

Defendants.

United States District Court
Northern District of California

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On June 17, 2014, Plaintiff filed a First Amended Complaint. (ECF 34) The Federal

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Rules permit a party to amend its pleading “once as a matter of course” within “21 days after

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service of a motion under Rule 12(b).” Fed. R. Civ. P. 15(a)(1)(B). An amended complaint

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supersedes the original. Loux v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967); see also Connectu LLC v.

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Zuckerberg, 522 F.3d 82, 91 (1st Cir. 2008).

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Because Plaintiff’s First Amended Complaint now stands as the operative pleading,

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Defendants’ motions to dismiss the original complaint, (ECF 20, 22), filed May 28, 2014, are

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hereby terminated as moot.

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IT IS SO ORDERED.
Dated: July 1, 2014
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BETH LABSON FREEMAN
United States District Judge