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2 3 4 5 6 7 United States District Court 8 Central District of California 9 10 11 TIMOTHY MOYER et al. Case № 5:23-cv-00998-ODW (SHKx) 12 Plaintiffs, 13 v. ORDER DENYING MOTION TO 14 J.P. MORGAN CHASE BANK, N.A., DISMISS AS MOOT [13] 15 Defendant. 16 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 1 On September 1, 2023, Defendant J.P. Morgan Chase Bank, N.A. served 2 || Plaintiffs Timothy Robert Moyer and Phyllis Rae Wright with a Federal Rule of Civil 3 || Procedure 12(b)(6) motion to dismiss in this case. (ECF No. 13.) On September 26, 2023, Plaintiffs filed a First Amended Complaint, twenty-one days after Defendant 5 || filed its motion. (ECF No. 19.) Federal Rule of Civil Procedure 15(a)(1) allows 6 || Plaintiffs to file an amended complaint once as a matter of course within twenty-one 7 || days of service with a Rule 12(b) motion. Therefore, Plaintiffs’ amended complaint 8 | was authorized. As the pending motion to dismiss was based on a complaint that is no 9 | longer operative, the motion is DENIED as MOOT. See Ramirez v. Cnty. of San 10 || Bernardino,

(9th Cir. 2015). 11 12 IT IS SO ORDERED. 13 14 September 27, 2023 □□ 15 es

7 OTIS D. WRIGHT, II ig UNITED STATES DISTRICT JUDGE

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