Ezekio Madamba v. Cascade Collections, Inc.

O

United States District Court

Central District of California

EZEKIO MADAMBA. Case № 2:21-cv-06367-ODW (GJSx) Plaintiff, v. ORDER DENYING MOTION TO

CASCADE COLLECTIONS, INC. et al., DISMISS AS MOOT [18]

Defendants.

On September 3, 2021, Defendant Cascade Collections, Inc. served Plaintiff Ezekio Madamba with a Federal Rule of Civil Procedure 12(b)(2) motion to dismiss in this case. (ECF No. 18.) On September 13, 2021, less than twenty-one days later, Plaintiff filed a First Amended Complaint. (ECF No. 22.) 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. County of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015).

IT IS SO ORDERED.

September 13, 2021 ss . wg

Gd lliid

OTIS D. WRIGHT, II

UNITED STATES DISTRICT JUDGE