Valdez v. Naderi
This text of Valdez v. Naderi (Valdez v. Naderi) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 STEPHEN CHARLES VALDEZ, Case No. 24-cv-01087-TSH 7 Plaintiff, ORDER FINDING AS MOOT MOTION 8 v. TO DISMISS 9 NADERI SALAR, et al., Re: Dkt. No. 22 10 Defendants. 11 12 Pending before the Court is the motion to dismiss filed by Defendants Salar Naderi and 5 13 Marc Jimenez, filed on May 1, 2024. ECF No. 22. However, on May 30, 2024, Plaintiff Stephen 14 || Charles Valdez filed an amended complaint. ECF No. 29. Under Federal Rule of Civil Procedure 3 15 15(a)(1), a party “may amend its pleading once as a matter of course” within 21 days after that a 16 || pleading is served, or within 21 days after service of a responsive pleading or motion under Rule 3 17 12.' “{T]he general rule is that an amended complaint supercedes the original complaint and 18 || renders it without legal effect.” Lacey v. Maricopa County, 693 F.3d 896, 927 (9th Cir. 2012) (en 19 || banc). Thus, as there has been no previous amendment, Plaintiff may file an amended complaint 20 || as amatter of course under Rule 15(a). Accordingly, the Clerk of Court shall terminate the 21 || pending motion to dismiss as moot. Defendants shall respond in compliance with Rule 15(a)(3). 22 IT IS SO ORDERED. 23 24 Dated: June 6, 2024 25 AN. THOMAS S. HIXSON 26 United States Magistrate Judge 27 28 ‘On May 6, 2024, the Court extended the deadline for Plaintiff to file an opposition or amended complaint to June 3, 2024. ECF No. 28
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
Valdez v. Naderi, Counsel Stack Legal Research, https://law.counselstack.com/opinion/valdez-v-naderi-cand-2024.