Case Information
*1 O United States District Court
Central District of California
JENNIFER RENNICK, on behalf of Case № 2:19-cv-02495-ODW (KSx) herself, and all others similarly situated
Plaintiffs, ORDER DENYING MOTION TO v. DISMISS AS MOOT [13] NPAS SOLUTIONS, LLC,
Defendant.
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Defendant NPAS Solutions, LLC served Plaintiff Jennifer Rennick with a Federal Rule of Civil Procedure 12(b)(6) motion to dismiss in this case on June 5, 2019. (ECF No. 13.) On June 20, 2019, Plaintiff filed a First Amended Complaint— fifteen days later. (ECF No. 15.) Federal Rule of Civil Procedure 15(a)(1) allows plaintiffs to file an amended complaint once as a matter of course within twenty-one days of service of a Rule 12(b) motion. Therefore, Plaintiff’s amended complaint is proper. As the pending motion to dismiss was based on a complaint that is no longer operative, the motion is DENIED as MOOT . See Ramirez v. Cty. of San Bernardino , 806 F.3d 1002, 1008 (9th Cir. 2015).
IT IS SO ORDERED.
June 21, 2019
____________________________________ OTIS D. WRIGHT, II UNITED STATES DISTRICT JUDGE
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