Sanders v. Western Express Inc

Opinion

1 2 FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 3 Nov 19, 2020 4 SEAN F. MCAVOY, CLERK 5

6 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 7 RICHARD SANDERS, 8

9 Plaintiff, No. 1:20-CV-03137-SAB

10 v. ORDER GRANTING SECOND 11 WESTERN EXPRESS, INC., STIPULATED MOTION FOR 12 Defendant. EXTENSION OF TIME TO FILE 13

RESPONSIVE PLEADING; 14 DISMISSING MOTIONS AS 15 MOOT 16 17 Before the Court is Defendant’s Stipulated Motion for Extension of Time to 18 File Responsive Pleading, ECF No. 11. The motion was considered without oral 19 argument. In response to Defendant’s Motion to Dismiss, ECF No. 8, Plaintiff filed 20 his First Amended Complaint on November 11, 2020. Defendant’s current 21 deadline to respond to the First Amended Complaint is November 25, 2020. Due to 22 the Thanksgiving holiday, the parties conferred and agreed to extend Defendants’ 23 time to respond. The Court finds good cause to grant the motion. 24 In addition, the Court notes that the filing of Plaintiff’s First Amended 25 Complaint supersedes the original complaint in its entirety and moots Defendant’s 26 Motion to Dismiss and Motion to Change Venue. See Ramirez v. Cty. of San 27 Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015) (citing Forsyth v. Humana, Inc., 28 114 F.3d 1467, 1474 (9th Cir. 1997), overruled on other grounds by Lacey v. 1|| Maricopa Cty., 693 F.3d 896, 928 (9th Cir. 2012)). Thus, those motion are denied without prejudice. 3 Accordingly, IT IS ORDERED: 1. Defendant’s Stipulated Motion for Extension of Time to File Responsive 5|| Pleading, ECF No. 11, is GRANTED. 2. Defendant shall file a responsive pleading no later than December 4, 2020. 8 3. Defendant’s Motion to Change Venue, ECF No. 7, is DENIED without 9)| prejudice as moot. 10 4. Defendant’s Motion to Dismiss, ECF No. 8, is DENIED without prejudice as moot. 12 IT IS SO ORDERED. The District Court Clerk 1s hereby directed to enter this Order and to provide copies to counsel. 14 DATED this 19th day of November 2020. 15 16 17 ‘ Souler Eee toar 9 Stanley A. Bastian 20 Chief United States District Judge 21 22) 23 24 25 26 27 28 ORDER GRANTING STIPULATED MOTION FOR EXTENSION OF TIMIE TOA BIT EF CDANCTVE DT FATNING: NICMIICCING MINTIONG AG