(PS) Osborne v. Tracy Police Dept

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHELLE OSBORNE, No. 2:20–cv–1805–JAM–KJN (PS) Plaintiff, ORDER DENYING DEFENDANTS’

MOTION TO DISMISS AS MOOT

v. (ECF Nos. 4, 8) TRACY POLICE DEPARTMENT, et al., Defendants. 16 Plaintiff filed an action in California state court, and on September 8, 2020, defendants removed to this court. (ECF No. 1.) The same day, defendants filed a motion to dismiss and set it for an October 15, 2020 hearing. (ECF No. 4.) On September 22, plaintiff filed a first amended complaint. (ECF No. 8.) 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 null, thereby mooting defendants’ motion to dismiss. 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…