Opinion
2:11-cv-01648-GEB-GGH.
October 11, 2011
ORDER
This matter is deemed suitable for decision without oral argument. E.D. Cal. R. 230(g).
On July 12, 2011, Defendants filed a motion to dismiss Plaintiff's first, second, and fourth causes of action. (ECF No. 12.) However, the Court granted Plaintiff's motion to file a First Amended Complaint, which Plaintiff filed on October 7, 2011, and it is now the operative pleading. See Hal Roach Studios, Inc., v. Richard Feiner and Co., Inc., 896 F.2d 1542, 1546 (9th Cir. 1989) (stating an amended complaint supercedes the prior complaint). Therefore, Defendants' July 12, 2011 dismissal motion is DENIED as moot since the motion does not address the operative pleading.
Dated: October 7, 2011