Sanders v. Western Express Inc

2 FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON Nov 19, 2020 SEAN F. MCAVOY, CLERK 6 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON RICHARD SANDERS, 9 Plaintiff, No. 1:20-CV-03137-SAB 10 v. ORDER GRANTING SECOND WESTERN EXPRESS, INC., STIPULATED MOTION FOR Defendant. EXTENSION OF TIME TO FILE RESPONSIVE PLEADING; DISMISSING MOTIONS AS MOOT 17 Before the Court is Defendant’s Stipulated Motion for Extension of Time to File Responsive Pleading, ECF No. 11. The motion was considered without oral argument. In response to Defendant’s Motion to Dismiss, ECF No. 8, Plaintiff filed his First Amended Complaint on November 11, 2020. Defendant’s current deadline to respond to the First Amended Complaint is November 25, 2020. Due to the Thanksgiving holiday, the parties conferred and agreed to extend Defendants’ time to respond. The Court finds good cause to grant the motion.

24 In addition, the Court notes that the filing of Plaintiff’s First Amended Complaint supersedes the original complaint in its entirety and moots Defendant’s Motion to Dismiss and Motion to Change Venue. See Ramirez v. Cty. of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015) (citing Forsyth v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997), overruled on other grounds by Lacey v. 1|| Maricopa Cty., 693 F.3d 896, 928 (9th Cir. 2012)). Thus, those motion are denied without prejudice.

3 Accordingly, IT IS ORDERED: 1. Defendant’s Stipulated Motion for Extension of Time to File Responsive 5|| Pleading, ECF No. 11, is GRANTED.

2. Defendant shall file a responsive pleading no later than December 4, 2020.

8 3. Defendant’s Motion to Change Venue, ECF No. 7, is DENIED without 9)| prejudice as moot.

10 4. Defendant’s Motion to Dismiss, ECF No. 8, is DENIED without prejudice as moot.

12 IT IS SO ORDERED. The District Court Clerk 1s hereby directed to enter this Order and to provide copies to counsel.

14 DATED this 19th day of November 2020.

17 ‘ Souler Eee toar 9 Stanley A. Bastian 20 Chief United States District Judge 22) ORDER GRANTING STIPULATED MOTION FOR EXTENSION OF TIMIE TOA BIT EF CDANCTVE DT FATNING: NICMIICCING MINTIONG AG