Dahlstrom v. Life Care Centers of America Inc

Opinion

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4 5 UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 RAJU A.T. DAHLSTROM, CASE NO. 2:21-cv-01465-JHC 8 Plaintiff, ORDER 9 v. 10 LIFE CARE CENTERS OF AMERICA, 11 INC. ET AL.,

12 Defendants. 13

14 This matter comes before the Court on Mount Vernon Operations, LLC’s Motion to 15 Dismiss Plaintiff’s Complaint Pursuant to FRCP Rule 12(b)(6) (Dkt. # 11), Motion for More 16 Definite Statement (Dkt. # 16), and Defendants Sunrise Care Services, Inc., Closser, Saville, 17 Pattock, and Anderson’s Motion to Dismiss (Dkt. # 87). Since the filing of these motions, 18 Plaintiff filed his First Amended Complaint. Dkt. # 110. 19 In the Ninth Circuit, the filing of “an amended complaint supercedes the original 20 complaint and renders it without legal effect.” Lacey v. Maricopa Cnty., 693 F.3d 896, 927 (9th 21 Cir. 2012). “Courts often apply this rule to motions to dismiss a complaint that has since been 22 superseded and deny such motions as moot.” Bisson v. Bank of Am., N.A., No. C12-0995JLR, 23 2012 WL 5866309, at *1 (W.D. Wash. Nov. 16, 2012) (collecting cases). Plaintiff’s amended 24 l complaint has superseded the original complaint and is now the operative pleading in this 2 ||proceeding. Accordingly, the Court STRIKES the above three motions as moot. See Caldwell v. 3 || Boeing Co., No. C17-1741JLR, 2018 WL 2113980, at *3 (W.D. Wash. May 8, 2018) (“the court 4 denied Boeing’s first motion to dismiss as moot because Mr. Caldwell’s second amended 5 complaint superseded his original complaint and rendered his original complaint without legal 6 effect.”). If appropriate, the movants may resubmit any of the arguments in their motions; but 7 must direct any such argument toward the amended complaint and consider any relevant 8 developments in the case. 9 The Clerk is directed to send uncertified copies of this Order to all counsel of record and 10 || to any party appearing pro se at said party’s last known address. 11 Dated this 13th day of October, 2022.

Cob 4. Chur 13 John H. Chun United States District Judge 14 15 16 17 18 19 20 21 22 23 24