Jane Roe 6 v. International Churches of Christ, Inc.

Opinion

O

United States District Court Central District of California JANE ROE 6 et al. Case № 2:23-cv-00999-ODW (PLAx) Plaintiffs, ORDER DENYING MOTION TO DISMISS AS MOOT [51] v. INTERNATIONAL CHURCHES OF CHRIST, INC. et al., Defendants. /// /// /// /// /// /// /// /// /// /// /// On May 31, 2023, Defendants Alberto Schirmer and Anna Maria Schirmer filed a motion to dismiss Plaintiffs Jane Roe 6 and Jane Roe 7’s Complaint pursuant to Federal Rule of Civil Procedure (“Rule”) 12(b)(6). (ECF No. 51.) On June 16, 2023, Plaintiffs filed a First Amended Complaint, less than twenty-one days after Defendants filed their motion. (ECF No. 57.) Rule 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, Plaintiffs’ amended complaint was proper under the Rules. As the pending motion to dismiss is based on a complaint that is no longer operative, the motion is DENIED as MOOT. (ECF No. 51.) See Ramirez v. Cnty. of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015). June 23, 2023 ss es

OTIS D. WRIGHT, II ig UNITED STATES DISTRICT JUDGE