Dr. Sumayyah Al Nasser v. Shay Serdy

O United States District Court Central District of California DR. SUMAYYAH AL-NASSER, Case № 2:20-cv-03582-ODW (Ex) 12 Plaintiff, ORDER DENYING MOTION TO 13 v. DISMISS [9] AND MOTION TO SHAY SERDY et al., ENFORCE [10] AS MOOT 15 Defendants.

17 /// /// /// /// /// /// /// /// /// /// /// /// 1 Defendants Shay Serdy and Peter E. Barker-Homek filed a motion to dismiss 2|| Plaintiff Sumayyah Al-Nasser’s Complaint pursuant to Federal Rule of Civil || Procedure 12(b)(6) and a “Motion to Enforce Federal Rule of Evidence 408,” which 4|| the Court construes as a motion to strike portions of the Complaint. (See Mot. to || Dismiss, ECF No. 9; Mot. to Enforce, ECF No. 10.) On May 26, 2020, Plaintiff filed || a first amended complaint in lieu of opposing Defendants’ motions. (FAC, ECF No. 18; Notices of Filing, ECF Nos. 19-20.) Defendants do not challenge the | propriety of Plaintiff's filing an amended complaint and request the Court vacate the || pending motions. (See Defs.’ Req., ECF No. 21.) As the pending motion to dismiss || (ECF No. 9) and motion to enforce (ECF No. 10) were based on a complaint that is no | longer operative, the motions are DENIED as MOOT. See Ramirez v. Cty. of San | Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015).

14 IT IS SO ORDERED.

16 May 28, 2020 “ 17 . ff i Gieddioid 19 OTIS D. WRIGHT, II 50 UNITED STATES DISTRICT JUDGE