Tremper vs Vining et al

Filing 16

ORDER - Defendants' motion to dismiss (ECF No. 6 ) is hereby DENIED AS MOOT. The denial is without prejudice to filing a responsive pleading to the plaintiff's first amended complaint (ECF No. 14 ). IT IS FURTHER ORDERED that defendants shall file any such pleading no later than February 3, 2017. Signed by Judge Howard D. McKibben on 1/24/2017. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 12 13 14 15 16 EDWARD TREMPER, ) ) Plaintiff, ) ) vs. ) ) CYNTHIA ANN VINING and JOHN ) VINING, ) ) Defendants. ) ) _________________________________ ) 3:16-cv-00707-HDM-VPC ORDER 17 18 On January 5, 2017, the defendants filed a motion to dismiss 19 the plaintiff’s complaint in this action (ECF No. 6). 20 18, 2017, plaintiff filed an amended complaint (ECF No. 14). 21 amended complaint supersedes the original complaint in its 22 entirety, and “the latter [is] thereafter treated as non-existent.” 23 See Valadez-Lopez v. Chertoff, 656 F.3d 851, 857 (9th Cir. 2011) 24 (quoting Forsyth v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 25 1997), overruled on other grounds by Lacey v. Maricopa County, 693 26 F.3d 896 (9th Cir. 2012)). 27 dismiss (ECF No. 6) is hereby DENIED AS MOOT. 28 without prejudice to filing a responsive pleading to the On January An Accordingly, the defendants’ motion to 1 The denial is 1 2 3 plaintiff’s first amended complaint. IT IS FURTHER ORDERED that defendants shall file any such pleading no later than February 3, 2017. 4 IT IS SO ORDERED. 5 DATED: This 24th day of January, 2017. 6 7 ____________________________ UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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