Welch et al v. Golden Gate Casino, LLC et al

Filing 63

ORDER Granting 57 Stipulation to File Second Amended Complaint. The Clerk of Court is instructed to file the Second Amended Complaint. IT IS FURTHER ORDERED that 20 Defendants' Partial Motion to Dismiss, 21 Defendant's Motion to Dis miss, 38 Plaintiff's Motion to Certify Class, 46 and Defendant's Motion to Dismiss are all DENIED as moot and without prejudice. Signed by Judge Jennifer A. Dorsey on 04/01/2014. (Copies have been distributed pursuant to the NEF - AC)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10
11
12

Brandy Welch and Heather Blackmun, on behalf
of themselves and all others similarly situated,

Case No.: 2:13-cv-01089-JAD-GWF

Plaintiffs,

13
14

vs.

15

Golden Gate Casino, LLC dba Golden Gate
Hotel & Casino, and Does 1 through 50,

16

Defendants

Order

17
18

This is a wage-dispute action by former employees of the Golden Gate Hotel & Casino.

19

Plaintiffs first amended their complaint in September 2013, alleging claims against the Golden Gate

20

and four other defendants: Desert Rock Enterprises, LLC, Mark Brandenburg, Derek Stevens, and

21

Dave Tuttle. See Doc. 14. All defendants save Brandenburg responded with motions to dismiss the

22

First Amended Complaint. See Docs. 20, 21, 46. Plaintiffs also filed a motion for Court Supervised

23

Notice of their FLSA claims. Doc. 38.

24

The parties participated in a settlement conference and, although it did not result in the

25

settlement of this case, it “was not unproductive.” Doc. 60 at 2. As a result of the settlement

26

conference, Plaintiffs have elected to proceed only against Golden Gate, and on March 12, 2014,

27

these remaining parties filed a Stipulation to File a Second Amended Complaint (Doc. 57), which

28

drops all claims against the other defendants and some of Plaintiff Welch’s claims. Doc. 57-1. The

1

remaining parties’ Stipulated Updated Discovery Plan and Scheduling Order (Doc. 60) also foretells

2

Golden Gate’s intention to file a new motion to dismiss based on the allegations in the Second

3

Amended Complaint (Doc. 60 at 5, ¶ I) and the plaintiffs’ intention to file a new version of their

4

motion for court-supervised notice sometime in October 2014. Id. at ¶ J. Magistrate Judge Foley

5

signed the Stipulated Updated Discovery Plan and Scheduling Order on March 26, 2014. Id. at 6.

6

Having reviewed the Stipulation to File the Second Amended Complaint (Doc. 57), and

7

based upon the Stipulation of the remaining parties and the representations in the Updated Discovery

8

Plan, IT IS HEREBY ORDERED that the Stipulation to File Second Amended Complaint

9

(Doc. 57) is approved; LEAVE IS GRANTED for the filing of the Second Amended Complaint

10
11
12
13

(Doc. 57-1).
The Clerk of Court is instructed to file the Second Amended Complaint (Doc. 57-1)
forthwith.
The filing of the Second Amended Complaint moots all pending motions. “An amended

14

complaint supercedes the original complaint and renders it without legal effect.” Lacey v. Maricopa

15

Cnty., 693 F.3d 896, 927 (9th Cir. 2012). When a complaint is amended during the pendency of the

16

motion to dismiss, the motion to dismiss is rendered moot. The filing of the Second Amended

17

Complaint moots all of the pending motions to dismiss (Docs. 20, 21, 46) and the motion for court-

18

supervised notice (Doc. 38). And the remaining parties have already built into their scheduling order

19

new deadlines for their revised and renewed versions of these requests. See Doc. 60. Accordingly,

20

IT IS FURTHER ORDERED that Defendants Golden Gate Casino and David Tuttle’s renewed

21

Partial Motion to Dismiss (Doc. 20), Desert Rock’s Renewed Motion to Dismiss (Doc. 21),

22

Plaintiffs’ Motion for Circulation of Notice Pursuant to 29 U.S.C. § 216(b) (Doc. 38), and Derek

23

Stevens’s Motion to Dismiss (Doc. 46) are all DENIED as moot and without prejudice to their

24

reassertion at a later time.

25

DATED: April 1, 2014.

26
27
28

_________________________________
JENNIFER A. DORSEY
UNITED STATES DISTRICT JUDGE