National Funding, Inc. v. Webb Foot & Ankle Clinic, PC et al
Filing
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ORDER Denying 3 Motion to Dismiss As Moot. Signed by Judge Thomas J. Whelan on 7/9/2018. (jao)
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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NATIONAL FUNDING, INC.,
Case No.: 18-CV-1338 W (WVG)
Plaintiff,
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v.
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ORDER DENYING DEFENDANT’S
MOTION TO DISMISS AS MOOT
[DOC. 3]
WEBB FOOT & ANKLE CLINIC, PC,
Defendant.
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On June 25, 2018, Defendant filed a motion to dismiss. [Doc. 3.] 11 days later, on
July 6, 2018, Plaintiff filed a First Amended Complaint (“FAC”). [Doc. 4.]
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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
v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997)). Accordingly, when a plaintiff
timely amends, the original complaint ceases to exist, and any pending motions to
dismiss it are moot. See id.
//
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18-CV-1338 W (WVG)
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In light of the filing of the FAC, the Court denies Defendant’s motion [Doc. 3] as
moot.
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IT IS SO ORDERED.
Dated: July 9, 2018
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18-CV-1338 W (WVG)
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