Certified Nutraceuticals Inc. v. The Clorox Company et al

Filing 15

ORDER denying Defendants' Motions to Dismiss and to Strike as moot (Docs 9 , 10 . Signed by Judge Thomas J. Whelan on 7/20/2018. (jpp)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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CERTIFIED NUTRACEUTICALS, INC.,

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Plaintiff,

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ORDER DENYING DEFENDANTS’
MOTIONS TO DISMISS AND TO
STRIKE AS MOOT [DOCS. 9, 10]

v.

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Case No.: 18-CV-0744 W (KSC)

THE CLOROX COMPANY, et al.,
Defendants.

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On June 11, 2018, Defendants filed motions to dismiss the complaint and to strike

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its prayer for punitive damages. [Docs. 9, 10.] 21 days later, on July 2, 2018, Plaintiff

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filed a First Amended Complaint (“FAC”). [Doc. 12.]

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A party may amend a complaint within 21 days of service of a responsive pleading.

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See Fed. R. Civ. P. 15(a)(1)(B). “It is well-established in our circuit that an ‘amended

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complaint supersedes the original, the latter being treated thereafter as non-existent.’ ”

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Ramirez v. Cty. of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015) (quoting Forsyth

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v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997)). Accordingly, when a plaintiff

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timely amends, the original complaint ceases to exist, and any pending motions to

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dismiss it are moot. See id.

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//

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//
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18-CV-0744 W (KSC)

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In light of the filing of the FAC, the Court denies Defendants’ motions [Doc. 9, 10]
as moot.

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IT IS SO ORDERED.

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Dated: July 20, 2018

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18-CV-0744 W (KSC)