Macias et al v. WMC Mortgage Corp et al

Filing 11

ORDER: The Motion to Dismiss (Doc. 6 ) is denied as moot, and the Motion for the Motion to Dismiss to be Taken Off Calendar (Doc. 10 ) is granted. Signed by Judge William Q. Hayes on 8/19/2009. (mdc) (jrl).

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 HAYES, Judge: 18 The matters before the Court are the Motion to Dismiss, filed by Defendant Chase 19 Home Finance LLC (Doc. # 6), and the Motion for the Motion to Dismiss to be Taken Off 20 Calendar, filed by Plaintiffs (Doc. # 10). 21 On June 25, 2009, Plaintiffs initiated this action by filing the Complaint. (Doc. # 1). 22 On July 23, 2009, Defendant Chase Home Finance LLC filed the Motion to Dismiss the 23 Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). (Doc. # 6). On August 17, 24 2009, Plaintiffs filed a First Amended Complaint, as was their right pursuant to the Federal 25 Rules of Civil Procedure. See Fed. R. Civ. P. 15(a) ("A party may amend the party's pleading 26 once as a matter of course at any time before a responsive pleading is served...."); see also 27 Crum v. Circus Circus Enters., 231 F.3d 1129, 1130 n.3 (9th Cir. 2000) ("A motion to dismiss 28 is not a `responsive pleading' within the meaning of Rule 15.") (citation omitted). On August
-109cv1374 WQH (JMA)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
RUBEN MACIAS, MARTHA MACIAS, individuals, vs. WMC MORTGAGE CORP., a California Corporation, CHASE HOME FINANCE LLC, a California Limited Liability Company & DOES 1 through 20, Plaintiffs, CASE NO. 09cv1374 WQH (JMA) ORDER

Defendants.

1 17, 2009, Plaintiffs filed the Motion for the Motion to Dismiss to be Taken Off Calendar, 2 which states, "[Plaintiffs] request that Defendant Chase Home Finance LLC's Motion to 3 Dismiss be taken off calendar as moot based on the fact that the aforementioned motion 4 addresses a pleading that is no longer operative in this case." (Doc. # 10 at 1). 5 Once filed, an amended complaint supersedes the original complaint in its entirety. See

6 London v. Coopers & Lybrand, 644 F.2d 811, 814 (9th Cir. 1981). Defendant's Motion to 7 Dismiss, addressing the original Complaint, became moot once the First Amended Complaint 8 was filed. 9 IT IS HEREBY ORDERED that the Motion to Dismiss is DENIED AS MOOT (Doc.

10 # 6), and the Motion for the Motion to Dismiss to be Taken Off Calendar is GRANTED (Doc. 11 # 10). 12 DATED: August 19, 2009 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
-209cv1374 WQH (JMA)

WILLIAM Q. HAYES United States District Judge