McDanel v. McDanel
ORDER. IT IS HEREBY ORDERED that 7 Defendant's Motion to Strike is DENIED as moot. Defendant may file a renewed motion to strike as to the operative complaint by 8/21/17. Signed by Chief Judge Gloria M. Navarro on 8/8/17. (Copies have been distributed pursuant to the NEF - ADR)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
MICHAEL G. MCDANEL,
Case No.: 2:17-cv-00492-GMN-NJK
Pending before the Court is the Motion to Strike, (ECF No. 7), filed by Defendant
Michael G. McDanel (“Defendant”). Plaintiff Connie McDanel (“Plaintiff”) filed a Response,
(ECF No. 16), and Defendant filed a Reply, (ECF No. 20).
Prior to Defendant’s Reply, however, Plaintiff filed an Amended Complaint. (ECF No.
18). “[A]n amended complaint supersedes the original, the latter being treated thereafter as
non-existent.” Ramirez v. County of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015).
While Defendant references portions of the Amended Complaint in his Reply, the underlying
Motion to Strike pertains to the original complaint rather than the operative amended
IT IS HEREBY ORDERED that Defendant’s Motion to Strike, (ECF No. 7), is
DENIED as moot. Defendant may file a renewed motion to strike as to the operative
complaint by August 21, 2017.
DATED this _____ day of August, 2017.
Gloria M. Navarro, Chief Judge
United States District Judge
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