1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 GONZALEZ, Case No.: 3:24-cv-01116-JO-VET

12 Plaintiff, ORDER DENYING DEFENDANT’S 13 vs. MOTION TO DISMISS AS MOOT [Dkt. 9] 14 15 JELD-WEN, INC., ET AL., 16 Defendants. 17 18 19 20 In this wage and hour class action, Plaintiff Gabriel Gonzalez alleges Defendant 21 Jeld-Wen, Inc. failed to properly compensate Gonzalez and the other class members for 22 their hours worked. [Dkt. 1-1 at 3]. On July 26, 2024, Jeld-Wen filed a motion to dismiss 23 Gonzalez’s Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) (the 24 “Motion”). [Dkt. 9]. Rather than oppose the Motion, Gonzalez filed a first amended 25 complaint (the “FAC”) on August 14, 2024. [Dkt. 11]. For the reasons set forth below, 26 the Court DENIES Jeld-Wen’s Motion as moot. [Dkt. 9]. 27 Federal Rule of Civil Procedure 15(a)(1)(B) (“Rule 15(a)(1)(B)”) allows a plaintiff 28 to amend its pleading once as a matter of course within “21 days after service of a motion 1 under Rule 12(b)[.]” Fed. R. Civ. Proc. 15(a)(1)(B). When a party properly avails itself 2 || of the opportunity to amend its pleading in response to a Rule 12(b) motion, courts deny 3 pending motions to dismiss as moot. See Rodriguez v. Zenni Optical, Inc., No. 23-cv- 4 ||00821-H-KSC,

, at *1 (S.D. Cal. May 23, 2023) (citing Ramirez v. Cnty. 5 || of San Bernardino,

(9th Cir. 2015)). 6 Here, Gonzalez filed his FAC on August 14, 2024, which is 19 days after he was 7 served with Jeld-Wen’s Motion. [Dkt. 9; Dkt. 11]. Because Gonzalez filed his FAC within 8 ||21 days of being served with Jeld-Wen’s Motion, Gonzalez properly amended his pleading 9 llunder Rule 15(a)(1)(B). And, because Gonzalez properly amended his pleading in 10 |/response to Jeld-Wen’s Motion, the Court finds Jeld-Wen’s Motion moot. See Ramirez, 11 F.3d at 1008 (explaining that an amended complaint supersedes its predecessor such 12 || that courts should find motions to dismiss directed at the former complaint moot). 13 Thus, for the reasons set forth above, the Court DENIES Jeld-Wen’s Motion as 14 ||moot. [Dkt. 9]. 15 IT IS SO ORDERED. 16 17 Dated: August 21, 2024 18 19 Cr —? 20 Horr Tinsook Ohta United States District Judge 21 22 23 24 25 26 27 28 2 ALANA n~147- TW, □□□□□