Laine v. Southern Nevada Regional Housing Authority

Filing 28

ORDER Denying as Moot 9 and 11 Motions to Dismiss and 12 Motion for More Definite Statement. The motion hearing scheduled for July 19, 2016 at 1:30 p.m. is VACATED. Signed by Judge Jennifer A. Dorsey on 6/22/2016. (Copies have been distributed pursuant to the NEF - DC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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2:16-cv-01075-JAD-CWH
Deborah Laine,

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Order Denying Motions
Plaintiff

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[ECF Nos. 9, 11, 12]
v.

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Southern Nevada Regional Housing Authority,
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Defendant
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Defendant Southern Nevada Regional Housing Authority filed a motion to dismiss or for

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more definite statement on May 31, 2016.1 Three weeks later, plaintiff filed an amended complaint.2

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

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once as a matter of course within 21 days of a motion to dismiss.3 Plaintiff’s amended complaint

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

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entirety, mooting a motion to dismiss the original pleading.4

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Because the filing of plaintiff’s amended complaint has mooted the Housing Authority’s

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motion to dismiss, IT IS HEREBY ORDERED that the Defendant’s Partial Motion to Dismiss and

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Motion for a More Definite Statement [ECF Nos. 9, 11, 12] is DENIED as moot and without

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prejudice. The hearing scheduled for July 19, 2016 at 1:30 p.m. is VACATED.

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Dated this 22nd day of June, 2016.

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_________________________________
Jennifer A. Dorsey
United States District Judge

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ECF No. 11, 12. Another version of these documents was first filed at ECF No. 9, but that filing
did not comply with LR IC 2-2.
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ECF No. 27.

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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)).