Boose v. FNP, Inc. et al

Filing 28

ORDER: the Court declines to adopt Judge DeSoto's Findings and Recommendation 25 on the grounds that it is moot. IT IS FURTHER ORDERED that Defendants' motion 2 is DENIED as moot. Signed by Judge Dana L. Christensen on 2/17/2021. (ASG)

Case 9:20-cv-00164-DLC-KLD Document 28 Filed 02/17/21 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
TRAVIS BOOSE, individually and on
behalf of similarly situated JOHN
DOES 1-500,

CV 20–164–M–DLC–KLD

Plaintiffs,

ORDER

vs.
FNP, INC., d/b/a FIRST NATIONAL
PAWN; FNP of MONTANA, INC.,
d/b/a FIRST NATIONAL PAWN;
FNP of MISSOULA, INC., d/b/a
FIRST NATIONAL PAWN; FNPS,
LLC; FIRST NATIONAL
PROPERTIES, LLC; and DOES 1-5;
Defendants.
Before the Court is United States Magistrate Judge Kathleen L. DeSoto’s
Findings and Recommendation. (Doc. 25.) Judge DeSoto recommends that
Defendants’ motion to dismiss (Doc. 2) be granted as to Count I of Plaintiffs’
complaint, with leave to amend. (Doc. 25 at 14.) Importantly, following issuance
of Judge DeSoto’s Findings and Recommendation (Doc. 25), Plaintiffs filed an
amended complaint. (Doc. 26.)
This amended complaint supersedes Plaintiffs’ original complaint and moots
Defendants’ motion to dismiss to the extent it attacked the original complaint.

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Case 9:20-cv-00164-DLC-KLD Document 28 Filed 02/17/21 Page 2 of 2

Ramirez v. County of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015).
Authority exists for the proposition that this Court may nonetheless treat
Defendant’s motion to dismiss as targeting the amended complaint. Pettaway v.
National Recovery Solutions, LLC, 955 F.3d 299, 303–04 (2d Cir. 2020); see also
Williams v. Southern Or. Credit Serv., Inc., 2016 WL 8261902, *1–2 (D. Or.
2016). Given the posture of this case, however, the Court declines to take this
approach. Defendants are free to file another motion should they elect to do so.
Accordingly, IT IS ORDERED that the Court declines to adopt Judge
DeSoto’s Findings and Recommendation (Doc. 25) on the grounds that it is moot.
IT IS FURTHER ORDERED that Defendants’ motion (Doc. 2) is DENIED
as moot.
DATED this 17th day of February, 2021.

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