Strojnik

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 6 PETER STROJNIK, SR., CASE NO. 1:19-CV-1193 AWI SAB

Plaintiff

ORDER VACATING HEARING AND

v. DENYING MOTION TO DISMISS AS

MOOT

UNIWELL FRESNO HOTEL, LLC, dba Double Tree by Hilton Fresno Convention Center, (Doc. No. 9)

Defendant

13 14 On November 13, 2019, Defendant filed a Rule 12(b)(1) and Rule 12(b)(6) motion to dismiss. See Doc. No. 9. Hearing on this motion is set for December 16, 2019. On November 18, 2019, Plaintiff filed a first amended complaint. See Doc. No. 12. Federal Rule of Civil Procedure 15 governs amended pleadings. In pertinent part, Rule 15(a) reads: “A party may amend its pleading once as a matter of course within . . ., if the pleading is one to which a responsive pleading is required, 21 days after service of the responsive pleading or 21 days after service of a motion under Rule 12(b) . . . .” Fed. R. Civ. P. 15(a)(1)(B). A properly filed “amended complaint supersedes the original…