Kerry Lamons v. Glanbia Performance Nutrition NA, Inc.

O United States District Court Central District of California KERRY LAMONS, Case № 5:23-cv-00654-ODW (KKx) 12 Plaintiff, 13 v. ORDER DENYING MOTION TO GLANBIA PERFORMANCE 14 DISMISS AS MOOT [13] NUTRITION (NA), INC. et al., Defendants.

18 /// /// /// /// /// /// /// /// /// /// /// 1 Defendant Glanbia Performance Nutrition (NA), Inc. served Plaintiff Kerry || Lamons with a Federal Rule of Civil Procedure 12(b)(6) motion to dismiss in this case | on April 21, 2023. (ECF No. 13.) On May 2, 2023, the Court granted the parties’ 4|| stipulation extending Plaintiffs time to file an amended complaint to May 12, 2023.

5 || (ECF No. 17.) On May 12, 2023, Plaintiff filed a First Amended Complaint. (ECF || No. 18.) As Defendant’s pending motion to dismiss was based on a complaint 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).

10 IT IS SO ORDERED.

12 May 12, 2023 □□ 13 fy Gd lliid 15 OTIS D. WRIGHT, II UNITED STATES DISTRICT JUDGE