SmarterSwipe, Inc. v. Navarrete et al

Filing 44

ORDER. Plaintiff SmarterSwipe, Inc.'s motion to file an amended complaint [ECF No. 43] is granted. An "'amended complaint supersedes the original, the latter being treated thereafter as non-existent.'" Ramirez v. County o f San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015) (internal citation omitted)). Strictly speaking, "the original pleading no longer performs any function...." Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). Consequen tly, defendant Emmanuel Gonzalez's motion to dismiss [ECF No. 3 ] is denied as moot. The Clerk of Court is kindly instructed to file SmarterSwipe's amended complaint (attached as exhibit 1 to the motion to amend at ECF No. 43 -1) on t he docket as SmarterSwipe's first amended complaint. Further, defendants Robert Porras and Brian Silva's notice to substitute Jennifer L. Braster of Naylor & Braster Attorneys at Law PLLC as counsel in the place of Jones Lovelock [ECF No . 39 ] is granted. Signed by Judge Cristina D. Silva on 6/4/2024. Attorney Jennifer L Braster for Robert Porras. Attorney Jennifer L Braster for Brian Silva added. Attorney Andrea M Champion and Tracy M O'Steen terminated for Robert Porras and Brian Silva. (Copies have been distributed pursuant to the NEF - RJDG)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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4 SmarterSwipe, Inc.,

Plaintiff

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Case No. 2:24-cv-00299-CDS-MDC

v.

7 Carlos Navarrete, et al.,
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Defendants

Order Granting Plaintiff’s Motion to
Amend, Denying Motion to Dismiss, and
Approving Substitution of Counsel
[ECF Nos. 3, 39, 43]

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10

Plaintiff SmarterSwipe, Inc.’s motion to file an amended complaint [ECF No. 43] is

11 granted. An “‘amended complaint supersedes the original, the latter being treated thereafter as
12 non-existent.’” Ramirez v. County of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015) (internal
13 citation omitted)). Strictly speaking, “the original pleading no longer performs any function . . . .”
14 Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). Consequently, defendant Emmanuel
15 Gonzalez’s motion to dismiss [ECF No. 3] is denied as moot.
16

The Clerk of Court is kindly instructed to file SmarterSwipe’s amended complaint

17 (attached as exhibit 1 to the motion to amend at ECF No. 43-1) on the docket as SmarterSwipe’s
18 first amended complaint.
19

Further, defendants Robert Porras and Brian Silva’s notice to substitute Jennifer L.

20 Braster of Naylor & Braster Attorneys at Law PLLC as counsel in the place of Jones Lovelock
21 [ECF No. 39] is granted.
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Dated: June 4, 2024

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Cristina D. Silva
United States District Judge