Orlando Garcia v. Apple Seven Services SPE San Diego, Inc.

O United States District Court Central District of California ORLANDO GARCIA, Case № 2:21-cv-00841-ODW (PVCx) 12 Plaintiff, ORDER DENYING MOTION TO 13 v. DISMISS AS MOOT [7] APPLE SEVEN SERVICES SPE SAN DIEGO, INC., 16 Defendants.

18 /// /// /// /// /// /// /// /// /// /// /// 1 Defendant Apple Seven Services SPE San Diego, Inc. served Plaintiff Orlando || Garcia with a Federal Rule of Civil Procedure 12(b)(6) motion to dismiss in this case | on February 21, 2021. (ECF No. 7.) On March 5, 2021, Plaintiff filed a First 4|| Amended Complaint, less than twenty-one days after Defendant filed its responsive || pleading. (ECF No. 9.) 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 with a Rule 12(b) motion. Therefore, Plaintiff's amended complaint was | proper. As the pending motion to dismiss was 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).

12 IT IS SO ORDERED.

13 March 11, 2021 ss 14 . wg Gd lliid 16 OTIS D. WRIGHT, II 4 UNITED STATES DISTRICT JUDGE