Meridian OHC Partners, LP v. Cyanotech Corporation et al

Filing 42

ORDER that the defendants' motions to dismiss (ECF Nos. 25 , 27 , 32 ) are DENIED as moot and without prejudice to the filing of new motions that directly address the claims in the Verified First Amended Complaint. Signed by Judge Jennifer A. Dorsey on 9/27/2016. (Copies have been distributed pursuant to the NEF - MMM) Modified on 9/27/2016 to correct signature date (DKJ).

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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2:16-cv-01161-JAD-CWH

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Meridian OHC Partners,
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Plaintiff

Order Denying Motions to Dismiss

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v.
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[ECF Nos. 25, 27, 32]
Cyanotech Corp., et al,

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Defendants
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Defendants moved to dismiss this shareholder derivative action on August 26, 2016. ECF

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Nos. 25, 27, 32. On September 19, 2016, plaintiff filed an amended complaint. ECF No. 41. Once

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filed, an amended pleading supersedes the original pleading in its entirety, mooting a motion to

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dismiss the original pleading. See Forsyth v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997).

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Accordingly, IT IS HEREBY ORDERED THAT the defendants’ motions to dismiss [ECF

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25, 27, 32] are DENIED as moot and without prejudice to the filing of new motions that directly

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address the claims in the Verified First Amended Complaint.

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Dated this 27th day of September, 2016.

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Jennifer A. Dorsey
ifer A. Dorsey
United States District Judge
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Judge
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