Gates v. MCT Group, Inc. et al

Filing 5

ORDER finding as moot 3 Motion to Dismiss for Failure to State a Claim and Vacating Motion Hearing. Signed by Judge Michael M. Anello on 12/30/2013. (amk)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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KATHLEEN D. GATES,

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vs.
MCT GROUP, INC., et al,

CASE NO. 13cv2611-MMA (DHB)
Plaintiff,

ORDER VACATING HEARING
DATE & DENYING DEFENDANTS’
MOTION TO DISMISS AS MOOT
[Doc. No. 3]

Defendants.
On October 29, 2013, Plaintiff Kathleen D. Gates commenced this fair debt

16 collection action against Defendants MCT Group, Inc. and the Law Offices of Peter
17 W. Singer. See Doc. No. 1. Defendants have filed a motion to dismiss Plaintiff’s
18 complaint. See Doc. No. 3. The motion is currently set for hearing on January 6,
19 2014. In lieu of any opposition papers, Plaintiff timely filed a First Amended
20 Complaint. See Doc. No. 4. The complaint which Defendants move to dismiss is no
21 longer the operative pleading in this action, as an amended complaint supersedes the
22 original complaint. Forsyth v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997);
23 King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987). Thus, Defendants’ motion has
24 become moot. Accordingly, the Court VACATES the previously scheduled motion
25 hearing and DENIES AS MOOT Defendants’ motion to dismiss Plaintiff’s original
26 complaint.
IT IS SO ORDERED.
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28 DATE: December 30, 2013

____________________________________
Hon. Michael M. Anello, U.S. District Judge
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13cv2611