Lige v. Clark County et al

Filing 34

ORDER denying as moot ECF Nos. 17 and 18 Motions to Dismiss; and vacating 6/14/2016 hearing on motions. Signed by Judge Jennifer A. Dorsey on 6/9/16. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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2:16-cv-00603-JAD-PAL
John Lige,

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Order Denying Motions and
Vacating Hearing

Plaintiff
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v.

[#17, 18]

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Clark County, a political subdivision of the State of
Nevada, et al,

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Defendants

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Defendant Service Employees international Union, Local 1107 moved to dismiss this action

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on May 2, 2016,1 and defendant Clark County joined in those motions to dismiss.2 Three weeks

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later, plaintiff filed an amended complaint.3 In plaintiff’s opposition to the motion to dismiss, he

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argues only that the filing of the amended complaint mooted the motions to dismiss;4 the time to

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reply has passed, and defendants filed none.

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Rule 15(a)(1)(B) of the Federal Rules of Civil Procedure permits parties to amend their

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complaints once as a matter of course within 21 days of a motion to dismiss.5 Plaintiff’s amended

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complaint was timely filed as of right. Once filed, an amended pleading supersedes the original

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pleading in its entirety, mooting a motion to dismiss the original pleading.6

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Because the filing of plaintiff’s amended complaint has mooted the pending motions to

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ECF No. 17, 18.

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2

ECF No. 22, 23.

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ECF No. 26.

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ECF No. 28.

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Fed. R. Civ. P. 15(a)(1)(B).

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See Forsyth v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997) (overruled on other grounds in
Lacey v. Maricopa County, 693 F.3d 896, 928 (9th Cir. 2012)).
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dismiss, IT IS HEREBY ORDERED THAT the defendants’ motions to dismiss [Doc. 17, 18] are

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DENIED as moot and without prejudice. The June 14, 2016, hearing on those motions [ECF No.

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20] is VACATED.

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Dated this 9th day of June, 2016.

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_________________________________
Jennifer A. Dorsey
United States District Judge

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