Opinion
3:16-cv-00707-HDM-VPC
01-24-2017
EDWARD TREMPER, Plaintiff, v. CYNTHIA ANN VINING and JOHN VINING, Defendants.
ORDER
On January 5, 2017, the defendants filed a motion to dismiss the plaintiff's complaint in this action (ECF No. 6). On January 18, 2017, plaintiff filed an amended complaint (ECF No. 14). An amended complaint supersedes the original complaint in its entirety, and "the latter [is] thereafter treated as non-existent." See Valadez-Lopez v. Chertoff, 656 F.3d 851, 857 (9th Cir. 2011) (quoting Forsyth v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997), overruled on other grounds by Lacey v. Maricopa County, 693 F.3d 896 (9th Cir. 2012)). Accordingly, the defendants' motion to dismiss (ECF No. 6) is hereby DENIED AS MOOT. The denial is without prejudice to filing a responsive pleading to the plaintiff's first amended complaint.
IT IS FURTHER ORDERED that defendants shall file any such pleading no later than February 3, 2017.
IT IS SO ORDERED.
DATED: This 24th day of January, 2017.
/s/_________
UNITED STATES DISTRICT JUDGE