Kampachi Worldwide Holdings, LP v. Blue Ocean Mariculture, LLC

United States District Court for the District of Hawaii

Kampachi Worldwide Holdings, LP v. Blue Ocean Mariculture, LLC

Trial Court Opinion

CASE NUMBER: CIVIL NO. 19-00653 LEK-RT CASE NAME: Kampachi Worldwide Holdings, LP, vs. Blue Ocean Mariculture, LLC et al.,

JUDGE: Leslie E. Kobayashi DATE: 3/3/2020 COURT ACTION: EO: COURT ORDER DENYING AS MOOT DEFENDANTS BLUE OCEAN MARICULTURE, LLC AND ROBIN COONEN’S MOTION TO DISMISS COMPLAINT [DKT. #1] On December 6, 2019, Plaintiff Kampachi Worldwide Holdings, LP (“Plaintiff”), filed its Complaint. [Dkt. no. 1.] On January 27, 2020, Defendants Blue Ocean Mariculture, LLC and Robin Coonen (“Defendants”) filed their Motion to Dismiss Complaint [Dkt. #1] (“Motion”). [Dkt. no. 25.] On February 24, 2020, this Court approved the parties’ Stipulation for Leave to File First Amended Complaint. [Dkt. no. 30.] On February 27, 2020, Plaintiff filed its First Amended Complaint. [Dkt. no. 31.] In light of the filing of the First Amended Complaint, Plaintiff’s Complaint is considered to be non-existent. See Lacey v. Maricopa Cty.,

693 F.3d 896, 925

(9th Cir. 2012) (en banc) (stating that an “amended complaint supersedes the original, the latter being treated thereafter as non-existent” (citations and internal quotation marks omitted)). Defendants’ Motion – which addresses the Complaint – is therefore DENIED AS MOOT. IT IS SO ORDERED. Submitted by: Agalelei Elkington, Courtroom Manager

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