Price

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 5 GREG PRICE, individually and on behalf CASE NO. 1:20-CV-0385 AWI SKO of all others similarly situated, 7 Plaintiff ORDER VACATING HEARING AND DENYING MOTION TO DISMISS AS v. MOOT

SEIU UNITED HEALTHCARE

WORKERS WEST, and DOES 1- (Doc. No. 5) inclusive, 11 Defendant

14 On April 2, 2020, Defendant filed a Rule 12(b)(6) motion to dismiss. See Doc. No. 5. 15 Hearing on this motion is set for May 4, 2019. On April 20, 2020, Plaintiff filed a first amended 16 complaint. See Doc. No. 7. 17 Federal Rule of Civil Procedure 15 governs amended pleadings. In pertinent part, Rule 18 15(a) reads: “A party may amend its pleading once as a matter of course within . . ., if the 19 pleading is one to which a responsive pleading is required, 21 days after service of the responsive 20 pleading or 21 days after service of a motion under Rule 12(b) . . . .” Fed. R. Civ. P. 15(a)(1)(B). 21 A properly filed “amended complaint supersedes the original [complaint], the latter being treated 22 thereafter…