Global Rescue Jets LLC v. Kaiser Foundation Health Plan, Inc.

8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA GLOBAL RESCUE JETS LLC, a Case No.: 3:19-cv-01737-L-NLS Delaware corporation d/b/a JET RESCUE, ORDER: Plaintiff, (1) GRANTING PLAINTIFF’S 13 MOTION TO VACATE [Doc. 10]; v. AND (2) DENYING AS MOOT KAISER FOUNDATION HEALTH DEFENDANT’S MOTION TO PLAN, INC., a California corporation, DISMISS [Doc. 5] d/b/a Kaiser Permanente, 17 Defendant.

19 On September 17, 2019, Defendant filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1) [Doc. 5]. Instead of filing an opposition, on October 8, 2019, Plaintiff filed an amended complaint. See Doc. 8. Pursuant to Federal Rule of Civil Procedure 15(a), the amended complaint was timely filed as of right. An amended complaint supersedes a prior complaint as a pleading. Ramirez v. County of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015). Accordingly, Defendants' motion to dismiss the initial complaint is DENIED AS MOOT.

26 On October 14, 2019, Plaintiff’s also filed a motion to vacate the hearing date related to Defendant’s motion to dismiss. In light of Plaintiff filling an amended ||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.

5 ||Date: October 15, 2018 Yi 7 Hon. James LorenzH g United States District Judge -2-