Green Tree Servicing LLC v. Valencia Management LLC Series 4 et al

Filing 77

ORDER Denying 10 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge James C. Mahan on 3/14/16. (Copies have been distributed pursuant to the NEF - TR)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 GREEN TREE SERVICING LLC, Case No. 2:15-CV-725 JCM (PAL) 8 9 10 11 Plaintiff(s), v. VALENCIA MANAGEMENT LLC SERIES 4, et al., Defendant(s). 12 13 ORDER Presently before the court is defendant Silverado Court Landscape Maintenance 14 Corporation’s motion to dismiss the complaint. (Doc. # 10). Plaintiff Green Tree Servicing, LLC 15 filed a response, (doc. # 14) and defendant Court filed a reply. (Doc. # 19). 16 17 18 19 20 21 This motion requests the dismissal of plaintiff’s original complaint. (Doc. # 1). However, plaintiff filed first and second amended complaints. (Doc. ## 7, 44). An amended complaint supersedes the original pleading, making it "non-existent." Valadez-Lopez v. Chertoff, 656 F.3d 851,857 (9th Cir. 2011). If a litigant files an amended pleading, then motions to dismiss the original complaint are mooted without prejudice. Johnson v. Cheryl, 2013 WL 3943606, at *2 (D. Nev. 2013). Accordingly, 22 IT IS HEREBY ORDERED, and ADJUDGED, AND DECREED that defendant Silverado 23 Court Landscape Maintenance Corporation’s motion to dismiss the original complaint (doc. # 10) 24 be, and the same hereby is, DENIED as moot without prejudice. 25 26 27 28 James C. Mahan U.S. District Judge DATED March 14, 2016. __________________________________________ UNITED STATES DISTRICT JUDGE

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