Priestley Faucett v. Move, Inc.

Case 2:22-cv-04948-ODW-AS Document 19 Filed 09/13/22 Page 1 of 2 Page ID #:101 O United States District Court Central District of California PRIESTLEY FAUCETT, individually 11 Case № 2:22-cv-04948-ODW (ASx) and on behalf of all others similarly situated, 13 Plaintiff, ORDER DENYING MOTION TO 14 v. DISMISS AS MOOT [15] MOVE, INC. d/b/a REALTOR.COM, 16 Defendant.

19 /// /// /// /// /// /// /// /// /// /// Case 2:22-cv-04948-ODW-AS Document 19 Filed 09/13/22 Page 2of2 Page ID #:102 1 Defendant Move, Inc. (“Move”) filed a Federal Rule of Civil Procedure || 12(b)(6) motion to dismiss in this case on August 31, 2022. (ECF No. 15.) On || September 12, 2022, Plaintiff Priestley Faucett filed a First Amended Complaint, 4|| twelve days after Move filed its responsive pleading. (ECF No. 18.) Federal Rule of || Civil Procedure 15(a)(1) allows Plaintiff to file an amended complaint once as a || matter of course within twenty-one days of service with a Rule 12(b) motion.

7 || Therefore, Plaintiff’s First Amended Complaint was proper. Because Move’s pending | Motion to Dismiss (ECF No. 15) was based on a complaint that is no longer operative, | the motion is DENIED as MOOT, and the Court VACATES the October 3, 2022 || hearing on that motion. See Ramirez v. Cty. of San Bernardino, 806 F.3d 1002, 1008 | (9th Cir. 2015).

13 IT IS SO ORDERED.

15 September 13, 2022 ss 16 wg Géedllii 18 OTIS D. WRIGHT, II 9 UNITED STATES DISTRICT JUDGE