Thompson et al v. Chase Bank N.A. et al

Filing 7

ORDER denying 5 Motion to Dismiss as moot. Signed by Judge Dana M. Sabraw on 1/6/2010. (tkl) (jrl).

1 2 3 4 5 6 7 8 9 10 11 12 vs. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HON. DANA M. SABRAW United States District Judge -109cv2143

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

PATRICIA THOMPSON, et al., Plaintiffs,

CASE NO. 09CV2143 DMS (POR) ORDER DENYING MOTION TO DISMISS AS MOOT

CHASE BANK N.A., et al., Defendants.

Presently before the Court is a motion to dismiss and motion to strike filed by Defendant Chase Bank USA, N.A. (Doc. 5) Instead of opposing, Plaintiffs have filed a First Amended Complaint. A party is entitled to amend pleadings once "as a matter of course" at any time before a responsive pleading is served. Fed. R. Civ. P. 15(a); see Shaver v. Operating Eng'rs Local 428 Pension Trust Fund, 332 F.3d 1198, 1201 (9th Cir. 2003) (motion to dismiss is not a responsive pleading). Because Plaintiffs' amended pleading supersedes the original complaint, the original is no longer operative. Bullen v. De Bretteville, 239 F.2d 824, 833 (9th Cir. 1956). Defendant's motion is therefore denied as moot. IT IS SO ORDERED. DATED: January 6, 2010