Beaming White LLC et al v. Rabon et al

Filing 37

ORDER GRANTING PLAINTIFFS MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT, ETC. by Judge David W. Christel.(KEB)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 BEAMING WHITE LLC, and LUIS LAJOUS, 11 Plaintiffs, 12 v. 13 14 CASE NO. 3:16-CV-05858-DWC ORDER GRANTING PLAINTIFFS’ MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT, ETC. JASON RABON, JANE DOE RABON, and the marital estate of JASON and JANE DOE RABON, 15 Defendants. 16 17 Plaintiffs filed this action seeking declaratory and injunctive relief for alleged trademark 18 and copyright infringement by Defendants. The parties have consented to proceed before a 19 United States Magistrate Judge. See 28 U.S.C. §636(c), Fed. R. Civ. P. 73 and Local Magistrate 20 Judge Rule MJR 13. See also Joint Status Report and Minute Order on Consent. Dkt. 11, 12. 21 Before the Court is Plaintiffs’ Motion for Leave to File an Amended Complaint (Dkt. 23) and 22 Plaintiffs’ Motion for Relief from Mediation Deadline (Dkt. 24). Defendants have no objection 23 to Plaintiffs’ proposed amended complaint. Dkt. 28. However, Defendants do not concede 24 ORDER GRANTING PLAINTIFFS’ MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT, ETC. - 1 1 personal jurisdiction is proper in this Court, nor do Defendants concede the proposed amended 2 complaint corrects the alleged jurisdictional deficiencies. Dkt. 28. 3 Under Fed. R. Civ. P. 15(a)(2), a party may amend its pleadings only with the opposing 4 party’s written consent or with the court’s leave. Nonetheless, “[t]he court should freely give 5 leave when justice so requires.” Fed. R. Civ. P. 15(a)(2). As Defendants do not oppose Plaintiffs’ 6 Motion for Leave to Amend, Plaintiff’s Motion for Leave to Amend is granted. Pursuant to 7 Local Rule 15, Plaintiffs are directed to serve their First Amended Complaint on all parties 8 within fourteen (14) days of the date of this order. 9 Also pending before the Court are Defendants’ Motion to Dismiss for Lack of Personal 10 Jurisdiction (Dkt. 13), as well as several related motions filed by Plaintiffs: Plaintiffs’ Motion to 11 Strike Defendants’ Joint Declaration (Dkt. 16); Plaintiffs’ Motion for Leave to File a Surreply 12 (Dkt. 21); and Plaintiffs’ Motion to Supplement with Newly Discovered Evidence (Dkt. 29). As 13 the Court indicated in its order re-noting Defendants’ Motion to Dismiss (Dkt. 27), an amended 14 complaint supersedes the original complaint. Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 15 1992). The original complaint is “treated thereafter as non-existent.” Loux v. Rhay, 375 F.2d 55, 16 57 (9th Cir. 1967) overruled on other grounds by Lacey v. Maricopa County, 693 F.3d 896 (9th 17 Cir. 2012). Because Plaintiffs’ First Amended Complaint will act as a complete substitute for the 18 original complaint, Defendants’ Motion to Dismiss for Lack of Personal Jurisdiction, Plaintiff’s 19 Motion to Strike Defendants’ Joint Declaration, Plaintiffs’ Motion for Leave to File a Surreply, 20 and Plaintiffs’ Motion to Supplement with Newly Discovered Evidence are moot, and are denied 21 without prejudice. Defendants may file a new motion to dismiss for lack of personal jurisdiction 22 after service of Plaintiffs’ First Amended Complaint. 23 24 ORDER GRANTING PLAINTIFFS’ MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT, ETC. - 2 1 Finally, Plaintiffs’ Motion for Relief from the Mediation Deadline is granted. The 2 mediation deadline specified in the Court’s scheduling order (Dkt. 15) is rescheduled to July 31, 3 2017. 4 Dated this 20th day of April, 2017. A 5 6 David W. Christel United States Magistrate Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDER GRANTING PLAINTIFFS’ MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT, ETC. - 3

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