Federal Insurance Company v. Simon Wiesenthal Center, Inc.

O United States District Court Central District of California FEDERAL INSURANCE COMPANY. Case № 2:21-cv-04069-ODW (JEMx) 12 Plaintiff, 13 v. ORDER DENYING MOTION TO SIMON WIESENTHAL CENTER et al., DISMISS AS MOOT [21] 15 Defendants.

17 /// /// /// /// /// /// /// /// /// /// /// /// 1 Counter-Defendant Federal Insurance Company filed a Federal Rule of Civil || Procedure 12(b)(6) motion to dismiss Counterclaimants’ counterclaim in this case on 3] June 30, 2021. (ECF No. 21.) On July 21, 2021, Counter-Claimants filed a First Amended Answer to Complaint and Counterclaim, twenty-one days after || Counter-Defendant’s responsive pleading. (ECF No. 25.) Federal Rule of Civil || Procedure 15(a)(1) allows plaintiffs to amend a pleading once as a matter of course within twenty-one days of service of a Rule 12(b) motion. Therefore, || Counter-Claimants’ amended pleading was proper. As the pending motion to dismiss || was based on a pleading that is no longer operative, the motion is DENIED as | MOOT. See Ramirez v. Cty. of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015).

12 IT IS SO ORDERED.

14 July 22, 2021 .

15 □□ ie bid A 7 OTIS D. V GHT, II UNITED STATES DISTRICT JUDGE