Iglesias v. Arizona Beverages USA, LLC

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 THOMAS IGLESIAS, Case No. 22-cv-09108-JSW 8 Plaintiff, ORDER DENYING MOTION TO 9 Vv. DISMISS AS MOOT AND VACATING HEARING 10 ARIZONA BEVERAGES USA, LLC, Re: Dkt. Nos. 26, 27, 28 Defendant. 1] L □□ □ 3 Now before the Court is the motion to dismiss pursuant to Federal Rules of Civil

14 || Procedure 12(b)(6) filed by Defendant Arizona Beverages USA, LLC. In response to the motion

3 15 || to dismiss, Plaintiff has filed an amended complaint. The amended complaint supersedes the A 16 || original complaint, and the original complaint no longer performs any function. See Ramirez v.

17 || Cty. of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015); see also Fed. R. Civ. P. 15(a)(1)(B). Z 18 || Accordingly, Defendant’s motion to dismiss and the motions to seal are DENIED AS MOOT. 19 || The Court VACATES the hearing date of March 31, 2023. 20 IT IS SO ORDERED. 21 || Dated: March 13, 2023 / | ) 22 Ls JEFFREYS. WHITE } 23 United States Vistrict dge 24 25 26 27 28