Alvarado
Alvarado v. Scholle IPN Packaging, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 6 RAUL ALVARADO, individual and on CASE NO. 1:19-CV-1673 AWI SKO behalf of other members of the general public similarly situated, et al.,
ORDER VACATING HEARING AND
Plaintiffs DENYING MOTION TO DISMISS AS
MOOT
v.
SCHOLLE IPN PACKAGING, INC., et (Doc. No. 6) al., 12 Defendants 13 14 On December 4, 2019, Defendant filed a combination Rule 12(b)(6) and Rule 12(f) motion to dismiss or strike. See Doc. No. 6. Hearing on this motion is set for January 13, 2020. On December 20, 2019, Plaintiffs filed a first amended complaint. See Doc. No. 7. 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…