Opinion
3:13-cv-00009-HDM-VPC
02-25-2013
VERIS GOLD USA INC., Plaintiff, v. HEYL & PATTERSON, INC., and DOES 1-10, Defendants.
ORDER
On January 25, 2013, defendant filed a motion to dismiss plaintiff's claim for consequential damages (#13). On February 5, 2013, plaintiff filed a second amended complaint removing from the body of the complaint the language that related to consequential damages. Plaintiff's amended complaint supersedes plaintiff's original complaint. Dichter-Mad Family Partners, LLP v. United States, - F.3d -, 2013 WL 501648 (9th Cir. Feb. 12, 2013). Accordingly, defendant's motion to dismiss (#13) is DENIED AS MOOT.
IT IS SO ORDERED.
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UNITED STATES DISTRICT JUDGE