Shamoun v. Republic of Iraq

Opinion

LOALOA SHAMOUN, Case No. 19-cv-832-MMA (BLM)

Plaintiff, ORDER DENYING AS MOOT v. GOVERNMENT DEFENDANTS’ MOTION TO DISMISS AND VACATING HEARING DATE THEREPUBLIC OF IRAQ, THE INDEPENDENT HIGH ELECTORAL [Doc. No. 16] COMMISSION, and SHEFAN KHOSHO, Defendants. On May 3, 2019, Loaloa Shamoun, (“Plaintiff”) filed a Complaint against the Republic of Iraq (“Republic”), the Embassy of the Republic of Iraq (“Embassy”), and the Independent High Electoral Commission (“Commission”) (collectively, “Government Defendants”)—as well as against Shefan Khosho (“Khosho”). Doc. No. 1.1 On December 2, 2019, Government Defendants filed a motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1), 12(b)(2), and 12(b)(6). Doc. No. 16. On December 20, 2019, Plaintiff filed a First Amended Complaint (“FAC”). Doc. No. 17. 27 Plaintiff has not previously amended her Complaint and has timely filed her FAC within twenty-one days after service of Government Defendants’ Rule 12(b) motion. See Fed. R. Civ. P. 15(a)(1)(B). Accordingly, the complaint which Government Defendants seek to dismiss is no longer the operative pleading in this action, as an amended complaint supersedes the original complaint. See Ramirez v. Cnty. of San Bernardino, F.3d 1002, 1008 (9th Cir. 2015) (citing Forsyth v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997), overruled on other grounds by Lacey v. Maricopa Cnty., 693 F.3d 896, 927-28 (9th Cir. 2012)). As such, the Court DENIES AS MOOT Government Defendants’ motion to dismiss and VACATES the motion hearing previously scheduled for January 13, 2020. DATE: December 30, 2019 LMiitah lb feluclle HON. ICHAEL M. ANELLO United States District Judge