Global Rescue Jets LLC v. Kaiser Foundation Health Plan, Inc.
- Proceeding
- district
- Area
- civil
- On appeal
- Global Rescue Jets, LLC v. Kaiser Foundation Health Plan (2022-04-08) — affirmed — the Ninth Circuit's later ruling on this docket
- Panel
- Myron James Lorenz (author)
Analysis
The court considered a motion to dismiss and a subsequent motion to vacate the hearing date after the plaintiff filed an amended complaint. The court granted the motion to vacate and denied the motion to dismiss as moot.
| What the court decided | The model |
|---|---|
Plaintiff's Motion to Vacate [Doc. 10] is granted.“Accordingly, Plaintiff's motion to vacate is GRANTED.” | agree with court The court correctly vacated the hearing date because the underlying motion to dismiss was rendered moot by the filing of the amended complaint, making the scheduled hearing unnecessary. |
Defendant's Motion to Dismiss [Doc. 5] is denied as moot.“Accordingly, Defendants' motion to dismiss the initial complaint is DENIED AS MOOT.” | agree with court Under Federal Rule of Civil Procedure 15(a), an amended complaint supersedes the original complaint. Because the motion to dismiss targeted the original complaint, it became moot upon the filing of the amended complaint. |
The order itself: sound — The order correctly applies the principle that an amended complaint supersedes the original, rendering motions to dismiss the original complaint moot. The citation to Ramirez supports this procedural conclusion.
Opinion
7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 GLOBAL RESCUE JETS LLC, a Case No.: 3:19-cv-01737-L-NLS 11 Delaware corporation d/b/a JET RESCUE, ORDER: 12 Plaintiff, (1) GRANTING PLAINTIFF’S 13 MOTION TO VACATE [Doc. 10]; v. AND 14 (2) DENYING AS MOOT 15 KAISER FOUNDATION HEALTH DEFENDANT’S MOTION TO PLAN, INC., a California corporation, DISMISS [Doc. 5] 16 d/b/a Kaiser Permanente, 17 Defendant. 18 19 On September 17, 2019, Defendant filed a motion to dismiss pursuant to Federal 20 Rule of Civil Procedure 12(b)(1) [Doc. 5]. Instead of filing an opposition, on October 21 8, 2019, Plaintiff filed an amended complaint. See Doc. 8. Pursuant to Federal Rule of 22 Civil Procedure 15(a), the amended complaint was timely filed as of right. An amended 23 complaint supersedes a prior complaint as a pleading. Ramirez v. County of San 24 Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015). Accordingly, Defendants' motion to 25 dismiss the initial complaint is DENIED AS MOOT. 26 On October 14, 2019, Plaintiff’s also filed a motion to vacate the hearing date 27 related to Defendant’s motion to dismiss. In light of Plaintiff filling an amended 28 1 ||complaint, the briefing schedule and its attendant hearing date shall be vacated. 2 || Accordingly, Plaintiff's motion to vacate is GRANTED. 3 IT IS SO ORDERED. 4 5 ||Date: October 15, 2018 Yi 7 Hon. James LorenzH g United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-