Opinion
CV-22-00738-PHX-SPL
10-11-2022
Bahig Saliba, Plaintiff, v. American Airlines Incorporated, et al., Defendants.
ORDER
HONORABLE STEVEN P. LOGAN, UNITED STATES DISTRICT JUDGE
The Court is in receipt of pro se Plaintiff Bahig Saliba's First Amended Complaint. (Doc. 35). In the First Amended Complaint, he purports to “preserve[ ] the remaining claims in the original complaint.” (Doc. 35 at 1). But a First Amended Complaint supersedes the original Complaint. Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992); Hal Roach Studios v. Richard Feiner & Co., 896 F.2d 1542, 1546 (9th Cir. 1990). After amendment, the Court treats the original Complaint as nonexistent. Ferdik, 963 F.2d at 1262. Any cause of action that was raised in the original Complaint and that was voluntarily dismissed or was dismissed without prejudice is waived if it is not alleged in a first amended complaint. Lacey v. Maricopa County, 693 F.3d 896, 928 (9th Cir. 2012) (en banc). Thus, unless Plaintiff files a second amended complaint, this litigation will proceed only as to the allegations in the First Amended Complaint.
Claims dismissed with prejudice and without leave to amend need not be repled in order to be preserved for appeal. Lacey, 693 F.3d at 928.
IT IS THEREFORE ORDERED that Plaintiff may, but is not required to, file a second amended complaint no later than October 19, 2022.