Harvey et al v. Centene Corporation et al

Filing 49

ORDER DENYING AS MOOT #44 DEFENDANTS' MOTION TO DISMISS FIRST AMENDED COMPLAINT. Signed by Judge Salvador Mendoza, Jr. (AY, Case Administrator)

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FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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Sep 12, 2018
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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SEAN F. MCAVOY, CLERK

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CYNTHIA HARVEY, individually
and on behalf of all others similarly
situated,

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Plaintiff,
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No. 2:18-CV-00012-SMJ
ORDER DENYING AS MOOT
DEFENDANTS’ MOTION TO
DISMISS FIRST AMENDED
COMPLAINT

v.
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CENTENE MANAGEMENT
COMPANY LLC and
COORDINATED CARE
CORPORATION,
Defendants.

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Before the Court is Defendants’ Motion to Dismiss First Amended
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Complaint, ECF No. 44. On August 29, 2018, the parties filed their Federal Rule of
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Civil Procedure 15(a)(2) Stipulation to File Second Amended Complaint. ECF No.
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47. Plaintiff filed her Second Amended Complaint the same day. ECF No. 48. An
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amended complaint completely supersedes an earlier complaint, rendering the latter
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non-existent. Jackson v. Fong, 870 F.3d 928, 934 (9th Cir. 2017); Rhodes v.
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Robinson, 621 F.3d 1002, 1005 (9th Cir. 2010). Having reviewed the pleadings and
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the file in this matter the Court is fully informed, without need for oral argument,
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and concludes Defendants’ request to dismiss Plaintiffs’ earlier complaint is moot.
ORDER DENYING AS MOOT DEFENDANTS’ MOTION TO DISMISS FIRST
AMENDED COMPLAINT - 1

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Accordingly, IT IS HEREBY ORDERED:

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1.

Defendants’ Motion to Dismiss First Amended Complaint, ECF No.

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44, is DENIED AS MOOT, and all dates and deadlines associated

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with that motion are STRICKEN.

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2.

Defendants may file additional dispositive motions any time before the
dispositive motion deadline.

IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order and
provide copies to all counsel.
DATED this 12th day of September 2018.

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SALVADOR MENDOZA, JR.
United States District Judge

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ORDER DENYING AS MOOT DEFENDANTS’ MOTION TO DISMISS FIRST
AMENDED COMPLAINT - 2