Enjalran

(PS) Nelson Rogers v. Enjalran

Good Law
United States District Court, Eastern District of CaliforniaDecember 17, 20192:19-cv-01564California504 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARY A. NELSON ROGERS, No. 2:19-cv-01564-TLN-CKD (PS) Plaintiff, v. ORDER PAUL J. ENJALRAN, et al., (ECF Nos. 11, 15, 16, 17) Defendants. 16 Presently pending before the court are defendants’ motions to dismiss. (ECF Nos. 11, 15, 16.) Nine days after the first motion to dismiss was filed, plaintiff filed a motion to amend her complaint and filed a first amended complaint. (ECF Nos. 17, 18.) Federal Rule of Civil Procedure 15(a) allows for a complaint to be amended “once as a matter of course within . . . 21 days after service of a motion under Rule 12(b).” This amendment as a matter of course renders an original complaint non-existent. Rhodes v. Robinson, 621 F.3d 1002, 1005 (9th Cir. 2010) (“[W]hen a plaintiff files an amended complaint, the amended complaint supersedes the original, the latter being treated thereafter as non-existent.”). Because plaintiff’s original complaint has been superseded by the first amended…

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