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2 3 4 5 6 7 United States District Court 8 Central District of California 9 10 11 EZEKIO MADAMBA. Case № 2:21-cv-06367-ODW (GJSx) 12 Plaintiff, 13 v. ORDER DENYING MOTION TO 14 CASCADE COLLECTIONS, INC. et al., DISMISS AS MOOT [18] 15 Defendants. 16 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 1 On September 3, 2021, Defendant Cascade Collections, Inc. served Plaintiff 2 || Ezekio Madamba with a Federal Rule of Civil Procedure 12(b)(2) motion to dismiss 3 || in this case. (ECF No. 18.) On September 13, 2021, less than twenty-one days later, 4|| Plaintiff filed a First Amended Complaint. (ECF No. 22.) 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 with a Rule 12(b) motion. Therefore, 7 || Plaintiff's amended complaint was proper. As the pending motion to dismiss was 8 | based on a complaint that is no longer operative, the motion is DENIED as MOOT. 9 || See Ramirez v. County of San Bernardino,

(9th Cir. 2015). 10 11 IT IS SO ORDERED. 12 13 September 13, 2021 ss 14 . wg Gd lliid 16 OTIS D. WRIGHT, II 4 UNITED STATES DISTRICT JUDGE

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