Ringelberg v. Vanguard Integrity Professionals -Nevada, Inc. et al

Filing 94

ORDER. IT IS HEREBY ORDERED that 34 Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint is DENIED without prejudice as moot. IT IS FURTHER ORDERED that 33 Defendants' Motion to Seal that now-mooted motion is GRANTED. Signed by Judge Jennifer A. Dorsey on 2/21/2018. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Steven Ringelberg,

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2:17-cv-01788-JAD-PAL

Plaintiff
Order

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v.

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Vanguard Integrity Professionals-Nevada, Inc., et al.,

[ECF Nos. 33, 34]
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Defendants

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On February 5, 2018, plaintiff filed a Third Amended Complaint1 with leave of court,2

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superseding his Second Amended Complaint.3 The new complaint moots Defendants’ Motion to

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Dismiss Plaintiff’s Second Amended Complaint,4 which was filed with a motion to seal.5 So I deny

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the motion to dismiss the second amended complaint without prejudice to the defendants’ ability to

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file a new motion to dismiss the third-amended complaint. Because the motion to dismiss the

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second-amended complaint was based on a confidential document, I find a compelling reason6 to seal

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the motion and grant the motion to seal that now-mooted motion. So, the motion to dismiss the

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second-amended complaint will remain under seal.

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Accordingly, IT IS HEREBY ORDERED that:
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Defendants’ Motion to Dismiss Plaintiff’s Second Amended Complaint [ECF No. 34] is

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DENIED without prejudice as moot;

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ECF No. 87.

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ECF No. 86.

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ECF No. 19.

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ECF No. 34. Lacey v. Maricopa Cty., 693 F.3d 896, 927 (9th Cir. 2012) (“the general rule is that
an amended complaint supersedes the original complaint and renders it without legal effect”).

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ECF No. 33.

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Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1182 (9th Cir. 2006).
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Defendants’ Motion to Seal that now-mooted motion [ECF No. 33] is GRANTED.
Dated February 20, 2018.
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U.S. District Judge Jennifer A. D
t Judge Jennifer A Dorsey
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f

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