Seattle Metropolitans Hockey LLC v. Seattle Hockey Partners LLC

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 10 SEATTLE METROPOLITANS CASE NO. C23-1989JLR HOCKEY LLC, 11 ORDER Plaintiff, 12 v. SEATTLE HOCKEY PARTNERS LLC, 15 Defendant.

16 Before the court is Defendant Seattle Hockey Partners LLC’s (“Seattle Hockey Partners”) motion to dismiss Plaintiff Seattle Metropolitans Hockey LLC’s (“Seattle Metropolitans”) state law claims for conversion and tortious interference pursuant to Federal Rule of Civil Procedure 12(b)(6). (Mot. (Dkt. # 7).) Seattle Hockey Partners filed its motion to dismiss on January 19, 2024. (See generally Dkt.) On February 12, 2024, Seattle Metropolitans filed a response stating its belief that the conversion and tortious interference claims “have merit,” but that “in the interest of judicial economy,” it would withdraw those claims. (Resp. (Dkt. # 13) at 1.) Seattle Metropolitans concurrently filed an amended complaint in which it abandoned its conversion and tortious interference claims. (See generally Am. Compl. (Dkt. # 12); see also Resp. at 1 (“This action moots Defendant’s pending motion to dismiss.”).) Seattle Hockey Partners declined to file a reply. (See generally Dkt.)

6 “A party may amend its pleading once as a matter of course no later than . . . 21 days after service of a motion under Rule 12(b).” Fed. R. Civ. P. 15(a)(1)(B). Although Seattle Metropolitans filed its amended complaint beyond the time limits permitted by Federal Rule of Civil Procedure 15(a)(1)(B), Seattle Hockey Partners has not objected.

10 (See generally Dkt.) Accordingly, the court considers the amended complaint to be the operative complaint. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992) (“[A]n amended pleading supersedes the original pleading.”). Because Seattle Metropolitans has abandoned the claims that Seattle Hockey Partners sought to dismiss, the court DENIES Seattle Hockey Partners’s motion (Dkt. # 7) as moot.

15 Dated this 21st day of February, 2024.

A JAMES L. ROBART 17 United States District Judge