Case Information
*1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA LONNIE KEENAN, an individual, Case No.: 18cv129-MMA (JMA) ORDER DENYING AS MOOT DEFENDANT DANIEL MARTINEZ’S MOTION TO DISMISS PLAINTIFF’S COMPLAINT
Plaintiff,
v.
COX COMMUNICATIONS; and DANIEL MARTINEZ, an individual ,
[Doc. No. 9] Defendants.
On April 2, 2018, Defendant Daniel Martinez (“Martinez”) filed a motion to dismiss Plaintiff Lonnie Keenan’s (“Plaintiff”) Complaint. See Doc. No. 9. On April 23, 2018, Plaintiff filed his First Amended Complaint (“FAC”). [1] See Doc. No. 12. Accordingly, the Complaint which Martinez seeks to dismiss is no longer the operative pleading in this action, as an amended complaint supersedes the original complaint. Forsyth v. Humana, Inc. , 114 F.3d 1467, 1474 (9th Cir. 1997); King v. Atiyeh , 814 F.2d 565, 567 (9th Cir. 1987).
*2 As such, the Court DENIES AS MOOT Martinez’s motion to dismiss Plaintiff’s Complaint.
IT IS SO ORDERED.
Dated: April 24, 2018
_____________________________ HON. MICHAEL M. ANELLO United States District Judge 18cv129-MMA (JMA) -2-
[1] Pursuant to Federal Rule of Civil Procedure 15(a)(1)(B), “[a] party may amend its pleading 27 once as a matter of course within . . . 21 days after service of a motion under Rule 12(b) . . . .” Fed. R. Civ. P. 15(a)(1)(B). Because Plaintiff amended his pleading within 21 days after service of Martinez’s 28 motion to dismiss, Plaintiff’s FAC is timely. 18cv129-MMA (JMA) -1-