IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION

TRAVIS BOOSE, individually and on CV 20–164–M–DLC–KLD behalf of similarly situated JOHN DOES 1-500,

Plaintiffs, ORDER

vs.

FNP, INC., d/b/a FIRST NATIONAL PAWN; FNP of MONTANA, INC., d/b/a FIRST NATIONAL PAWN; FNP of MISSOULA, INC., d/b/a FIRST NATIONAL PAWN; FNPS, LLC; FIRST NATIONAL PROPERTIES, LLC; and DOES 1-5;

Defendants.

Before the Court is United States Magistrate Judge Kathleen L. DeSoto’s Findings and Recommendation. (Doc. 25.) Judge DeSoto recommends that Defendants’ motion to dismiss (Doc. 2) be granted as to Count I of Plaintiffs’ complaint, with leave to amend. (Doc. 25 at 14.) Importantly, following issuance of Judge DeSoto’s Findings and Recommendation (Doc. 25), Plaintiffs filed an amended complaint. (Doc. 26.) This amended complaint supersedes Plaintiffs’ original complaint and moots Defendants’ motion to dismiss to the extent it attacked the original complaint. Ramirez v. County of San Bernardino,

(9th Cir. 2015). Authority exists for the proposition that this Court may nonetheless treat Defendant’s motion to dismiss as targeting the amended complaint. Pettaway v. National Recovery Solutions, LLC,

, 303-04 (2d Cir. 2020); see also Williams v. Southern Or. Credit Serv., Inc.,

, *1—2 (D. Or. 2016). Given the posture of this case, however, the Court declines to take this approach. Defendants are free to file another motion should they elect to do so. Accordingly, IT IS ORDERED that the Court declines to adopt Judge DeSoto’s Findings and Recommendation (Doc. 25) on the grounds that it is moot. IT IS FURTHER ORDERED that Defendants’ motion (Doc. 2) is DENIED

as moot. DATED this 17th day of February, 2021. bh bis Vustwy Dana L. Christensen, District Judge United States District Court