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 is the operative Counter-Claim and has not been superseded by any subsequent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here, GoConnect’s answer to La Jolla Cove’s amended complaint superseded the answer and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