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 is the operative Counter-Claim and has not been superseded by any subsequent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here, GoConnect’s answer to La Jolla Cove’s amended complaint superseded the answer and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superseded by the amended answer.”).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counterclaim was not intended to be superseded by its subsequent answer to the amended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