Kerry Lamons v. Glanbia Performance Nutrition NA, Inc.

Good Law
United States District Court, Central District of CaliforniaMay 12, 20235:23-cv-00654California228 words

Opinion

Trial Court Opinion

O

2 3 4 5 6 7 United States District Court 8 Central District of California 9 10 11 KERRY LAMONS, Case № 5:23-cv-00654-ODW (KKx) Plaintiff, v. ORDER DENYING MOTION TO

GLANBIA PERFORMANCE

DISMISS AS MOOT [13] NUTRITION (NA), INC. et al., 15 Defendants.

17 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// Defendant Glanbia Performance Nutrition (NA), Inc. served Plaintiff Kerry 2 || Lamons with a Federal Rule of Civil Procedure 12(b)(6) motion to dismiss in this case on April 21, 2023. (ECF No. 13.) On May 2, 2023, the Court granted the parties’ 4|| stipulation extending Plaintiffs time to file an amended complaint to May 12, 2023. 5 || (ECF No. 17.) On May 12, 2023, Plaintiff filed a First Amended Complaint. (ECF 6 || No. 18.) As Defendant’s pending motion to dismiss was based on a complaint that is 7 || no longer operative, the motion is DENIED as MOOT. See Ramirez v. Cty. of San 8 Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015). 9 IT IS SO ORDERED. 11 May 12, 2023 …

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