Opinion
For Joseph Daniel Lasica, an individual, Plaintiff: Christopher A Lilly, Troy and Gould, Los Angeles, CA; J Conor Corcoran, PRO HAC VICE, Law Office of J Conor Corcoran PC, Philadelphia, PA; Arvin Y Tseng, Troy and Gould PC, Los Angeles, CA.
For America Online, Inc., a California corporation Erroneously Sued As, AOL Inc, Defendant: Jennifer A Seigle, LEAD ATTORNEY, Pillsbury Winthrop Shaw Pittman LLP, Los Angeles, CA; Mark D Litvack, Pillsbury Winthrop Shaw Pittman LLP, Los Angeles, CA.
PROCEEDINGS (IN CHAMBERS): ORDER VACATING DEFENDANT'S MOTION TO DISMISS
GEORGE H. WU, UNITED STATES DISTRICT JUDGE.
On June 29, 2015, Defendant America Online, Inc. (" Defendant") moved to dismiss the operative pleading in this action pursuant to Federal Rule of Civil Procedure 12(b)(1), (5), and (6). See generally Mot. to Dismiss, Docket No. 13. Plaintiff Joseph Daniel Lasica (" Plaintiff") filed a First Amended Complaint (" FAC") on July 14, 2015, within twenty-one days after the service of Defendant's Motion to Dismiss. See generally FAC, Docket No. 20; see also Fed.R.Civ.P. 15 (" A party may amend its pleading once as a matter of course within . . . 21 days after service of a motion under Rule 12(b)."). In light of Plaintiff's FAC, the Court finds that Defendant's Motion to Dismiss is MOOT. The motion hearing on July 27, 2015 is hereby vacated and taken off calendar.