(PS) Jones v. Liberty Mutual

Opinion

1 2 3 4 5 6 7 3 UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA DYLAN LLOYD JONES, No. 2:19-cv—2049-MCE-KJN (PS) 10 No. 2:19-cv-2050-MCE-KIN (PS) Wl Plaintiff, No. 2:19-cv—205 1-MCE-KJN (PS) v. ORDER DENYING DEFENDANTS’ 12 MOTIONS TO STRIKE AS MOOT LIBERTY MUTUAL, et al., 13 (ECF Nos. 4 in each action) Defendants. 14 15 Plaintiff filed three actions in state court against Defendants, who removed to this court on 16 | October 11,2019. (See ECF No. 1.) On October 17, Defendants filed motions to strike. (See 17 | 4.) Twelve days later, Plaintiff filed a First Amended Complaint. (ECF Nos. 7, 12, 13.) 18 | Federal Rule of Civil Procedure 15(a) allows for a complaint to be amended “once as a matter of 19 | course within... 21 days after service of a motion under Rule 12(b) ....”). This amendment as 20 | a matter of course renders an original complaint null. Rhodes v. Robinson, 621 F.3d 1002, 1005 21 | (9th Cir. 2010). 22 Accordingly, IT IS HEREBY ORDERED that Defendant’s pending motion to strike (ECF 23 | No. 4) is DENIED AS MOOT. Further, since these three cases were consolidated on November 1 24 | (ECF No. 9), the motions to strike in the case nos. 2050 and 2051 actions are also DENIED AS 25 | MOOT. Any further Rule 12 motions addressing the three complaints may be made in one filing. 26 IT IS SO ORDERED. 27 | Dated: November 4, 2019 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 28