Wagner v. Terumo Medical Corporation et al

Filing 10

ORDER Denying as Moot 8 Defendant's Motion to Dismiss Plaintiff's Complaint. On 8/30/2018, Defendant Terumo Medical Corporation ("Defendant") filed a motion to dismiss Plaintiff Regina Marie Wagner's ("Plaintiff") Complaint. On 9/17/2018, Plaintiff filed a First Amended Complaint ("FAC"). Accordingly, the complaint which Defendant seeks to dismiss is no longer the operative pleading in this action, as an amended complaint supersedes the original complaint. As such, the Court denies as moot Defendant's motion to dismiss Plaintiff's Complaint. Signed by Judge Michael M. Anello on 9/17/2018. (rmc)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA
Case No.: 18cv1007-MMA (JLB)

REGINA MARIE WAGNER,

ORDER DENYING AS MOOT
DEFENDANT’S MOTION TO
DISMISS PLAINTIFF’S
COMPLAINT

Plaintiff,

v.

TERUMO MEDICAL CORPORATION,

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[Doc. No. 8]

Defendant.

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On August 30, 2018, Defendant Terumo Medical Corporation (“Defendant”) filed

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a motion to dismiss Plaintiff Regina Marie Wagner’s (“Plaintiff”) Complaint. See Doc.

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No. 8. On September 17, 2018, Plaintiff filed a First Amended Complaint (“FAC”).1 See

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Doc. No. 9. Accordingly, the complaint which Defendant seeks to dismiss is no longer

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the operative pleading in this action, as an amended complaint supersedes the original

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complaint. See Ramirez v. Cnty. of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015)

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(citing Forsyth v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997), overruled on other

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grounds by Lacey v. Maricopa Cnty., 693 F.3d 896, 927-28 (9th Cir. 2012)). As such, the

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1

Pursuant to Federal Rule of Civil Procedure 15(a)(1), “[a] party may amend its pleading once
as a matter of course within . . . 21 days after service of a motion under Rule 12(b) . . . .” Fed. R. Civ. P.
15(a)(1). Because Plaintiff amended her pleading within 21 days after service of Defendant’s motion to
dismiss pursuant to Rule 12(b)(2) and 12(b)(6), Plaintiff’s FAC is timely.
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18cv1007-MMA (JLB)

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Court DENIES AS MOOT Defendant’s motion to dismiss Plaintiff’s Complaint (Doc.

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No. 8).

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IT IS SO ORDERED.

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Dated: September 17, 2018
_____________________________
HON. MICHAEL M. ANELLO
United States District Judge

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18cv1007-MMA (JLB)