Cluff v. United States Customs and Border Protection
- Proceeding
- district
- Area
- civil
- Panel
- Myron James Lorenz (author)
Analysis
Defendant moved to dismiss the complaint, but Plaintiff filed an amended complaint in lieu of an opposition. The court denied the motion to dismiss as moot and ordered Defendant to respond to the amended complaint.
| What the court decided | The model |
|---|---|
Motion to dismiss denied as moot“Accordingly, motion to dismiss is denied as moot.” | agree with court The decision follows standard federal practice; when a plaintiff files an amended complaint, the original complaint is superseded, rendering any pending motion to dismiss the original complaint moot. |
The order itself: sound — The order correctly identifies that the filing of an amended complaint supersedes the original complaint, making the motion to dismiss the original complaint moot. The citation to Ramirez is appropriate for this procedural posture.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 || GARRETT JAMES CLUFF, Case No.: 21cv115-L-LL 12 Plants, ORDER DENYING MOTION TO 13 |] Vv. DISMISS AS MOOT | UNITED STATES CUSTOMS. AND □□ □□ 16 Defendants. 17 Pending before the court is a motion to dismiss filed by Defendant United States 18 || Customs and Border Protection. [ECF no. 4.] In lieu of opposing the motion, Plaintiff 19 || filed an amended complaint. [ECF no. 5.] Accordingly, motion to dismiss is denied as 20 || moot. See Ramirez v. County of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015). 21 Defendants shall file a response to the amended complaint, if any, no later than the time 22 |! provided for in Federal Rule of Civil Procedure 15(a)(3). 23 IT IS SO ORDERED. 24 ||Dated: June 1, 2021 25 Ny fr fate, ? 26 H . James Lorenz, United States District Judge 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28