Opinion
2:13-CV-423 JCM (PAL)
02-28-2014
CERTAIN UNDERWRITERS AT LLOYDS, LONDON, Plaintiff(s), v. PALM CANYON DEVELOPMENT, INC., et al., Defendant(s).
ORDER
Presently before the court is the matter of Certain Underwriters at Lloyds, London v. Palm Canyon Development, Inc., et al., case no. 2:13-cv-423-JCM-PAL.
Defendant D&J Family Trust has filed a motion to dismiss (doc. # 40) that is currently pending. Before the court had an opportunity to review and issue a ruling on that motion, plaintiff filed an unopposed motion to amend the complaint. (Doc. # 53). The court has granted that motion (doc. # 54) and plaintiff has filed the amended complaint (doc. # 55).
An amended complaint supersedes the original pleading, making it "non-existent." Valadez-Lopez v. Chertoff, 656 F.3d 851,857 (9th Cir. 2011). If a litigant files an amended pleading, then motions to dismiss the original complaint are mooted without prejudice. Johnson v. Cheryl, 2013 WL 3943606, at *2 (D. Nev. 2013). Defendant D&J Family Trust's motion to dismiss is therefore denied without prejudice. Defendant may review the amended complaint, make changes to its motion as it sees fit, and re-file if it so desires.
Accordingly,
IT IS HEREBY ORDERED, ADJUDGED, and DECREED that defendant's motion to dismiss (doc. # 40) be, and the same hereby is, DENIED without prejudice.
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UNITED STATES DISTRICT JUDGE