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2 3 4 5 6 7 United States District Court 8 Central District of California 9 10 11 PERLA MONTALVO, Case № 2:20-cv-07698-ODW (JCx) 12 Plaintiff, 13 v. ORDER DENYING MOTION TO 14 CALIFORNIA LUTHERAN DISMISS AS MOOT [21] 15 UNIVERSITY, 16 Defendant. 17 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 1 On December 11, 2020, Defendant filed a motion to dismiss pursuant to Federal 2|| Rules of Civil Procedure 12(b)(1) and 12(b)(6) in this case. (ECF No. 21.) On 3 || December 30, 2020, less than twenty-one days after Defendant filed its motion, 4|| Plaintiff filed a First Amended Complaint. (ECF No. 23.) Federal Rule of Civil 5 || Procedure 15(a)(1) allows plaintiffs to file an amended complaint once as a matter of 6 || course within twenty-one days of service of a Rule 12(b) motion. Therefore, 7 || Plaintiff's amended complaint was proper. As the pending motion to dismiss is based 8 | on a complaint that is no longer operative, the motion is DENIED as MOOT. See 9 || Ramirez v. Cnty. of San Bernardino,

(9th Cir. 2015). 10 11 IT IS SO ORDERED. 12 13 January 4, 2021 14

16 OTIS D. WRIGHT, II 4 UNITED STATES DISTRICT JUDGE

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