James Johann v. MY.GAMES B.V.
- Proceeding
- district
- Area
- civil
- Panel
- Benjamin J. Cheeks (author)
Analysis
Defendant MY.GAMES B.V. moved to dismiss the original complaint, but Plaintiff filed a first amended complaint in lieu of opposing the motion. The court denied the motion to dismiss as moot.
| What the court decided | The model |
|---|---|
Motion to dismiss denied as moot“Accordingly, Defendant’s motion to dismiss the original complaint is DENIED as moot.” | agree with court The court correctly identified that the filing of an amended complaint in lieu of an opposition renders a motion to dismiss the original complaint moot, as the original complaint is no longer the operative pleading. This is standard procedural practice in federal courts. |
The order itself: sound — The order is procedurally correct and cites the appropriate Ninth Circuit authority for the proposition that a motion to dismiss becomes moot upon the filing of an amended complaint in lieu of opposition. The reasoning is concise and directly addresses the procedural posture.
Opinion
I 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 |} JAMES JOHANN, Case No.: 25-cv-2447-BJC- JLB 12 Plaintitts| ORDER DENYING AS MOOT 13 |] V. MOTION TO DISMISS [ECF NO. 13.] 14 || MY.GAMES B.V., 15 Defendant. 16 Pending before the Court is Defendant MY.GAMES B.V’s motion to dismiss the 17 original complaint. ECF No. 13. On March 6, 2026, Plaintiff filed a first amended 18 complaint in lieu of opposing the pending motion to dismiss. Accordingly, Defendant’s 19 || motion to dismiss the original complaint is DENIED as moot. See Ramirez v. County of 20 || San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015). 21 IT IS SO ORDERED. 22 || Dated: March 11, 2026 23 26 Honorable Benjamin J. Cheeks 57 United States District Judge 28