Kimball

I 2 3 4 5 6 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 || ZACK KIMBALL, Case No. 24-cv-0682-BAS-VET Plaintiff, ORDER DENYING DEFENDANTS’ V. MOTION TO DISMISS AS MOOT 14 || COUNTY OF SAN DIEGO, and (ECF No. 5) EMILIO CASTILLERO, Defendants. Under Federal Rule of Civil Procedure (“Rule”) 15(a) a plaintiff may amend a 18 || pleading once as a matter of right before the defendant serves any responsive pleading. In Ninth Circuit, a motion to dismiss is not considered a responsive pleading. Doe v. 20 || United States, 58 F.3d 494, 497 (9th Cir. 1995) (“[A] motion to dismiss is not a ‘responsive 21 || pleading’ within the meaning of [Rule 15(a)].”). Here, Defendant filed a motion to dismiss ||(ECF No. 5), and subsequently Plaintiff filed a First Amended Complaint (ECF No. 6). 23 || Because Plaintiff filed his amended pleading before either defendant served any responsive pleading, Defendants’ motion to dismiss 1s hereby DENIED as…