Edakunni v. Mayorkas

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 9 AT SEATTLE 11 DEEPTHI WARRIER EDAKUNNI, et al., CASE NO. 2:21-cv-00393-TL 12 Plaintiff(s), ORDER GRANTING LEAVE TO v. FILE THIRD AMENDED ALEJANDRO MAYORKAS, Secretary of COMPLAINT 14 the Department of Homeland Security, 15 Defendant(s).

This matter comes before the Court on Plaintiffs’ motion to file a third amended complaint (Dkt. No. 84). Defendant does not oppose this amendment. Dkt. No. 85.

There is also a pending motion to file a proposed second amended complaint (Dkt. No. 60). The most recent amendment supersedes the earlier-filed proposed complaint. See Rhodes v. 21 Robinson, 621 F.3d 1002, 1005 (9th Cir. 2010) (explaining that the filing of a second amended complaint renders the original complaint “non-existent”); accord Ferdick v. Bonzelet, 963 F.2d 23 1258, 1262 (9th Cir. 1992), cert. denied, 506 U.S. 915 (1992), (“after amendment the original pleading no longer performs any function and is treated thereafter as non-existent”) (internal citation and quotation omitted).

3 Accordingly, the Court: 4 1. GRANTS Plaintiffs' Motion for Leave to File Third Amended Complaint (Dkt. No. 5 84); and 6 2. STRIKES as moot Plaintiffs' Motion for Leave to File Second Amended Complaint 7 (Dkt. No. 60).

8 Dated this 1st day of July 2022.

A Tana Lin United States District Judge