Vuz v. DCSS III, Inc.

S.D. California

Vuz v. DCSS III, Inc.

DecidedApril 20, 2020

Docket3:20-cv-00246

StatusUnknown

This text of Vuz v. DCSS III, Inc. (Vuz v. DCSS III, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Vuz v. DCSS III, Inc., (S.D. Cal. 2020).

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1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 SOUTHERN DISTRICT OF CALIFORNIA 12 13 ASHLEY R. VUZ, an individual, Case No.: 3:20-cv-00246-H-AGS

14 Plaintiff, ORDER DENYING AS MOOT 15 v. DEFENDANTS’ MOTION TO DISMISS 16 DCSS III, INC., a California corporation

dba GOSSIP GRILL, et al., 17 [Doc. No. 22.] Defendants. 18

19 20 Currently pending before the court is Defendants’ motion to dismiss. (Doc. No. 22.) 21 On March 27, 2020, Defendants filed their motion to dismiss. (Id.) On April 17, 2020, 22 Plaintiff filed an amended complaint. (Doc. No. 33.) “A party may amend its pleading once 23 as a matter of course . . . 21 days after service of a motion under Rule 12(b), (e), or (f) . . . 24 .” Fed. R. Civ. P. 15(a)(1)(B). Plaintiff therefore had a right to file an amended complaint 25 without leave of the court. 26 An amended complaint supersedes a prior complaint as a pleading. Forsyth v. 27 Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997); Hal Roach Studios, Inc. v. Richard 28 Feiner & Co., 896 F.2d 1542, 1546 (9th Cir. 1990). Therefore, where a plaintiff elects to 1 file an amended complaint, a district court may treat an existing motion to dismiss as moot. 2 The Court DENIES AS MOOT Defendants' motion to dismiss and VACATES the 3 hearing scheduled for April 27, 2020. This order is without prejudice to Defendants moving 4 to dismiss Plaintiff's amended complaint. 5 IT IS SO ORDERED. 6 DATED: April 20, 2020

7 MARILYN L. HUFF, District Judge 8 UNITED STATES DISTRICT COURT 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 SOUTHERN DISTRICT OF CALIFORNIA 12 13 ASHLEY R. VUZ, an individual, Case No.: 3:20-cv-00246-H-AGS

14 Plaintiff, ORDER DENYING AS MOOT 15 v. DEFENDANTS’ MOTION TO DISMISS 16 DCSS III, INC., a California corporation

dba GOSSIP GRILL, et al., 17 [Doc. No. 22.] Defendants. 18

19 20 Currently pending before the court is Defendants’ motion to dismiss. (Doc. No. 22.) 21 On March 27, 2020, Defendants filed their motion to dismiss. (Id.) On April 17, 2020, 22 Plaintiff filed an amended complaint. (Doc. No. 33.) “A party may amend its pleading once 23 as a matter of course . . . 21 days after service of a motion under Rule 12(b), (e), or (f) . . . 24 .” Fed. R. Civ. P. 15(a)(1)(B). Plaintiff therefore had a right to file an amended complaint 25 without leave of the court. 26 An amended complaint supersedes a prior complaint as a pleading. Forsyth v. 27 Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997); Hal Roach Studios, Inc. v. Richard 28 Feiner & Co., 896 F.2d 1542, 1546 (9th Cir. 1990). Therefore, where a plaintiff elects to 1 file an amended complaint, a district court may treat an existing motion to dismiss as moot. 2 The Court DENIES AS MOOT Defendants' motion to dismiss and VACATES the 3 hearing scheduled for April 27, 2020. This order is without prejudice to Defendants moving 4 to dismiss Plaintiff's amended complaint. 5 IT IS SO ORDERED. 6 DATED: April 20, 2020

7 MARILYN L. HUFF, District Judge 8 UNITED STATES DISTRICT COURT 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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