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