La Jolla Cove Investors, Inc. v. GoConnect Limited et al

Filing 43

ORDER granting 42 Joint Motion to File Amended Answer and Counterclaim: GoConnect SHALL FILE its amended answer and counterclaim within 7 days of the date this Order is electronically docketed. Signed by Judge Janis L. Sammartino on 4/18/12. (lmt)

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1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 SOUTHERN DISTRICT OF CALIFORNIA 12 13 LA JOLLA COVE INVESTORS, INC. a California corporation, CASE NO. 11CV1907 JLS (JMA) 14 ORDER RE JOINT MOTION RE COUNTERCLAIM OF GOCONNECT LIMITED Plaintiff, 15 16 17 18 vs. (ECF No. 42) GOCONNECT LIMITED, an Australian corporation, and DOES 1–10, inclusive, Defendants. 19 20 Presently before the Court is the parties’ joint motion re counterclaim of GoConnect 21 Limited (“GoConnect”). (Jt. Mot., ECF No. 42) On October 27, 2011, GoConnect filed an answer 22 to La Jolla Cove Investors, Inc.’s (“La Jolla Cove”) original complaint, and also asserted a 23 counterclaim. (ECF No. 11) Subsequently, La Jolla Cove filed an amended complaint, (ECF No. 24 23), which GoConnect answered on January 27, 2012. (ECF No. 27) GoConnect did not, 25 however, refile its counterclaim. Accordingly, the parties have now requested that the Court 26 “[i]ssue an order confirming that the Counter-Claim filed on October 27, 2011 by 27 GoConnect . . . is the operative Counter-Claim and has not been superseded by any subsequent 28 pleading.” (Jt. Mot. 2, ECF No. 42) -1- 11cv1907 1 As the parties are well aware, an amended pleading “supersedes the original, the latter 2 being treated thereafter as nonexistent.” Loux v. Rhay, 375 F.2d 55, 75 (9th Cir. 1987). And so, 3 here, GoConnect’s answer to La Jolla Cove’s amended complaint superseded the answer and 4 counterclaim asserted in response to the original complaint. See 6 Charles Alan Wright, Arthur R. 5 Miller & Mary Kay Kane, Federal Practice and Procedure § 1476 (3d ed. 2010) (“[W]hen the 6 complaint is amended defendant should be entitled to amend the answer to meet the contents of the 7 new complaint and, if this is done, any admissions in the initial responsive pleading will be 8 superseded by the amended answer.”). 9 Notwithstanding the above, because the parties agree that GoConnect’s October 27, 2011, 10 counterclaim was not intended to be superseded by its subsequent answer to the amended 11 complaint, the Court will permit GoConnect to file an amended answer and counterclaim in 12 response to the amended complaint. GoConnect SHALL FILE its amended answer and 13 counterclaim (attached as Exhibit A to the instant motion) within seven days of the date this Order 14 is electronically docketed. 15 IT IS SO ORDERED. 16 17 18 19 DATED: April 18, 2012 Honorable Janis L. Sammartino United States District Judge 20 21 22 23 24 25 26 27 28 -2- 11cv1907

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