Estate of Gerardo Cruz-Sanchez et al v. United States of America et al

Filing 42

ORDER Denying as Moot 7 Motion to Dismiss. Signed by Judge Roger T. Benitez on 10/10/2017. (knb)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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ESTATE OF GERARDO CRUZSANCHEZ, by and through his successorin-interest Paula Garcia Rivera; and
PAULA GARCIA RIVERA, individually
and in her capacity as successor-ininterest,

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Case No.: 3:17-cv-00569-BEN-NLS
ORDER DENYING MOTION TO
DISMISS AS MOOT
[ECF No. 7]

Plaintiffs,
v.
UNITED STATES OF AMERICA;
CORECIVIC, INC. formerly known as
Corrections Corporation of America
(CCA); C.O. LANDIN, in his individual
capacity; and DOES 1-30, inclusive,
Defendants.

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The United States filed a motion to dismiss the Amended Complaint. (ECF No. 7).

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Subsequently, this Court granted Plaintiffs leave to file their Second Amended Complaint

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(ECF No. 40), and Plaintiffs so filed the Second Amended Complaint (ECF No. 41).

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The filing of a second amended complaint supersedes the amended complaint and

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renders it a nullity. Therefore, a motion to dismiss targeted at the amended complaint,

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which is no longer in effect, is moot. Ramirez v. Cnty. of San Bernardino, 806 F.3d
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3:17-cv-00569-BEN-NLS

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1002, 1008 (9th Cir. 2015). Accordingly, the United States’ motion is DENIED as

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moot. (ECF No. 7).

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IT IS SO ORDERED.
Dated: October 10, 2017

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3:17-cv-00569-BEN-NLS