Novartis Vaccines and Diagnostics, Inc. v. Genentech, Inc.

4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION NOVARTIS VACCINES AND Case No. 5:21-cv-04874-EJD DIAGNOSTICS, INC., et al., 9 ORDER DENYING MOTION TO Plaintiffs, DISMISS AS MOOT v. 11 Re: Dkt. No. 13 GENENTECH, INC., Defendant.

Before the Court is Defendant Genentech, Inc.’s (“Genentech”) motion to dismiss the complaint. Dkt. No. 13. Plaintiffs’ response to the motion to dismiss was originally due on July 15, 2021, but the parties stipulated to extend Plaintiffs’ response deadline to August 20, 2021.

Dkt. No. 20. On August 20, in lieu of filing an opposition to Genentech’s motion, and before Genentech filed a responsive pleading to the original complaint, Plaintiffs filed an amended complaint. Dkt. No. 22.

A plaintiff may amend its pleading once as a matter of course within 21 days of service of a motion under Rule 12(b). Fed. R. Civ. P. 15(a).1 An amended pleading generally supersedes an original pleading. Hal Roach Studios, Inc. v. Richard Feiner and Co., Inc., 896 F.3d 1542, 1546 (9th Cir. 1989).

Accordingly, the Court DENIES Genentech’s motion to dismiss as moot. Genentech’s A Rule 12 motion is not a “responsive pleading.” See CRST Van Expedited, Inc. v. Werner Enters., Inc., 479 F.3d 1099, 1104 n.3 (9th Cir. 2007).

1 deadline to respond to the amended complaint is September 3, 2019. Fed. R. Civ. P. 15(a)(3).

2 IT IS SO ORDERED.

3 Dated: August 23, 2021 EDWARD J. DAVILA 6 United States District Judge a 12 © = 17 Z 18 || Case No.: 5:21-cv-04874-EJD ORDER DENYING MOT. TO DISMISS AS MOOT