Opinion
Case No. 15-cv-2754-BAS-RBB
01-29-2016
LINDORA, LLC, a Delaware limited liability company, Plaintiff, v. ISAGENIX INTERNATIONAL PRODUCTS EXPORT, INC., a Delaware corporation, Defendant.
ORDER TERMINATING AS MOOT DEFENDANT'S MOTION TO DISMISS [ECF NO. 8]
On January 14, 2016, Defendant filed a motion to dismiss the Complaint for lack of personal jurisdiction, or in the alternative, for improper venue. (ECF No. 8.) On January 26, 2016, Plaintiff filed a First Amended Complaint ("FAC"). (ECF No. 10.)
In the further alternative, Defendant moves to transfer the action to the District of Arizona. --------
The FAC was timely filed in accordance with Fed. R. Civ. P. 15(a)(1)(B). ("A party may amend its pleading once as a matter of course within . . . 21 days after service of a motion under Rule 12(b)[.]") Thus, the FAC supersedes the original, and the original Complaint, to which Defendant directed its motion to dismiss, is treated as "non-existent." See Loux v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967), overruled on other grounds by Lacey v. Maricopa Cnty, 693 F.3d 896 (9th Cir. 2012). Accordingly, the Court TERMINATES AS MOOT Defendant's motion to dismiss.
IT IS SO ORDERED. DATED: January 29, 2016
/s/ _________
Hon. Cynthia Bashant
United States District Judge