Perla Montalvo v. California Lutheran University

O

United States District Court

Central District of California

PERLA MONTALVO, Case № 2:20-cv-07698-ODW (JCx) Plaintiff, v. ORDER DENYING MOTION TO

CALIFORNIA LUTHERAN DISMISS AS MOOT [21]

UNIVERSITY,

Defendant.

On December 11, 2020, Defendant filed a motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) in this case. (ECF No. 21.) On December 30, 2020, less than twenty-one days after Defendant filed its motion, Plaintiff filed a First Amended Complaint. (ECF No. 23.) Federal Rule of Civil Procedure 15(a)(1) allows plaintiffs to file an amended complaint once as a matter of course within twenty-one days of service of a Rule 12(b) motion. Therefore, Plaintiff's amended complaint was proper. As the pending motion to dismiss is based on a complaint that is no longer operative, the motion is DENIED as MOOT. See Ramirez v. Cnty. of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015).

IT IS SO ORDERED.

January 4, 2021

OTIS D. WRIGHT, II

UNITED STATES DISTRICT JUDGE