Green Tree Servicing LLC v. Valencia Management LLC Series 4 et al
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)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
GREEN TREE SERVICING LLC,
Case No. 2:15-CV-725 JCM (PAL)
VALENCIA MANAGEMENT LLC
SERIES 4, et al.,
Presently before the court is defendant Silverado Court Landscape Maintenance
Corporation’s motion to dismiss the complaint. (Doc. # 10). Plaintiff Green Tree Servicing, LLC
filed a response, (doc. # 14) and defendant Court filed a reply. (Doc. # 19).
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).
IT IS HEREBY ORDERED, and ADJUDGED, AND DECREED that defendant Silverado
Court Landscape Maintenance Corporation’s motion to dismiss the original complaint (doc. # 10)
be, and the same hereby is, DENIED as moot without prejudice.
James C. Mahan
U.S. District Judge
DATED March 14, 2016.
UNITED STATES DISTRICT JUDGE
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