Mittelstaed v. State of Montana Child and Family Services Division

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION

ELISA MAY MITTLESTAED, et al., CV 22-58-BLG-SPW-TJC Plaintiffs, ORDER VS. STATE OF MONTANA CHILD AND FAMILY SERVICES DIVISION, et al., Defendants. On February 7, 2023, State Defendants filed a Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6). (Doc. 35.) On March 9, 2023, Defendant Brittney Anderson also filed a Motion to Dismiss under Rule 12(b)(6). (Doc. 40.) Subsequently, Plaintiffs filed a Second Amended Complaint (Doc. 44), which moots Defendants’ motions. Ramirez v. Cty. of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015). Accordingly, State Defendant’s Motion to Dismiss (Doc. 35) and Defendant Brittney Anderson’s Motion to Dismiss (Doc. 40) are DENIED as moot. DATED this 21st day of March, 2023. \ 10 VE A Mf TIMOTHY J.'CAVAN United States Magistrate Judge