(PS)Huang

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 XIAOHUA HUANG, No. 2:20-cv-1713-JAM-KJN PS 12 Plaintiff, ORDER DENYING DEFENDANT’S

MOTION TO DISMISS AS MOOT

13 v. (ECF No. 8, 11.) 14 GENESIS GLOBAL HARDWARE, INC., 15 Defendant. 16 17 Plaintiff filed an action against defendant on August 27, 2020. (ECF No. 1.) On October 18 15, defendant filed a motion to dismiss and set it for a November 12, 2020 hearing. (ECF No. 8.) 19 On October 23, plaintiff filed a first amended complaint. (ECF No. 10.) 20 Federal Rule of Civil Procedure 15(a) allows for a complaint to be amended “once as a 21 matter of course within . . . 21 days after service of a motion under Rule 12(b) . . . .”). This 22 amendment as a matter of course renders an original complaint null, thereby mooting defendants’ 23 motion to dismiss. Rhodes v. Robinson, 621 F.3d 1002, 1005 (9th Cir. 2010) (“[W]hen a plaintiff 24 files an amended complaint, the amended complaint supersedes the original, the latter being 25 treated thereafter as non-existent.”); see…