Opinion
22-11966
10-02-2024
WEST MEDIA PUBLISHING GROUP, INC., Plaintiff, v. CAPITOL CHRISTIAN MUSIC GROUP, Defendant.
ORDER MOOTING MOTION TO DISMISS (#18) AND CANCELING HEARING
DENISE PAGE HOOD, United States District Judge.
On August 12, 2024, Defendant filed a Motion to Dismiss. (ECF No. 18) Plaintiff filed an Amended Complaint on September 3, 2024. (ECF No. 21) Because an amended complaint supercedes all prior complaints, Defendant's Motion to Dismiss is rendered moot. “As a general rule, when a plaintiff files an amended complaint, the amended complaint supercedes the original, the latter being treated thereafter as non-existent.” Ramirez v. Collier, 595 U.S. 411, 423 (2022) (quoting, Rhodes v. Robinson, 621 F.3d 1002, 1005 (9th Cir. 2010)). See, Parry v. Mohawk Motors of Michigan, Inc., 239 F.3d 299, 306 (6th Cir. 2000) (When an amended complaint is filed, the new complaint supersedes all previous complaints and controls the case from that point forward.)(citation omitted).
Accordingly,
IT IS ORDERED that Defendant's Motion to Dismiss (ECF No. 18) is rendered MOOT. The motion hearing set for October 9, 2024 is CANCELED.