Thomas v. Amazon.com Inc

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 10 PEARL THOMAS, CASE NO. C21-661 MJP 11 Plaintiff, ORDER DENYING DEFENDANTS’ MOTION TO 12 v. DISMISS AS MOOT 13 AMAZON.COM, INC., AMAZON WEB SERVICES, INC., KEITH 14 DURJAVA, and JIM HANDORF, 15 Defendants.

This matter is before the Court on Defendants’ motion to dismiss. (Dkt. No. 13.) The Court DENIES the motion as moot.

Defendants filed their motion to dismiss on July 20, 2021. (Dkt. No. 13.) Plaintiff filed an amended complaint on August 9, 2021. (Dkt. No. 19.) A party has the right to file an amended pleading within 21 days after service of a motion to dismiss. Fed. R. Civ. P. 15(a)(1)(B). There has been no additional briefing on the motion to dismiss. Instead, Defendants have filed a motion to dismiss the amended complaint. (Dkt. No. 24.) Because “the general rule is that an amended complaint supersedes the original complaint and renders it without legal effect,” Lacey v. Maricopa County, 693 F.3d 896, 927 (9th Cir. 2012), and the Court sees no reason to depart from that rule here, Defendants’ first motion to dismiss is DENIED as moot.

4 The clerk is ordered to provide copies of this order to all counsel.

5 Dated August 27, 2021.

A 7 Marsha J. Pechman United States District Judge