Robertson v. State of Nevada Department of Health and Human Services et al

Filing 11

ORDERED that defendants' motion to dismiss (ECF No. 7 ) is DENIED without prejudice. Signed by Judge Larry R. Hicks on 4/3/2017. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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DEVON ROBERTSON,

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Plaintiff,
Case No. 3:17-cv-0057-LRH-WGC

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v.
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ORDER
STATE OF NEVADA, ex rel. Department of
Health and Human Services; RUSSELL
KLEIN; and GREGORY THORNTON
Defendants.

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Before the court is defendants the State of Nevada ex rel. the Department of Health and

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Human Service, Russel Klein, and Gregory Thornton’s (collectively “defendants”) motion to

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dismiss plaintiff Devon Robertson’s (“Robertson”) complaint (ECF No. 1). ECF No. 7.
However, after the filing of defendants’ motion, plaintiff Robertson filed an amended

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complaint. ECF No. 8. The filing of the amended complaint supersedes the original complaint

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in its entirety. Accordingly, defendants’ motion to dismiss the complaint is now moot.

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Therefore, the court shall deny the motion to dismiss without prejudice to allow defendants an

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opportunity to respond to the amended complaint.

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IT IS THEREFORE ORDERED that defendants’ motion to dismiss (ECF No. 7) is
DENIED without prejudice.

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IT IS SO ORDERED.

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DATED this 3rd day of April, 2017.

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_
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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